14 ANNUAL REPOllT SMITHSONIAN INSTITUTION. 1937 



VIII 



THE TBITSTiaiS 



The trustees shall always be not less than nine persons, of whom a minority, 

 to be known as ex-oflicio trustees, shall be oiBcors of the United States or of 

 the Institution, ex-officio, and of whom a majority to be known as general 

 trustees, shall be citizens of the United States, none of whom at the time of 

 his or her election to the office of general trustee shall be an officer or employee 

 of the United States of America. Any vacancy in the office of general trustee 

 by reason of the expiration of the term, death, or resignation of the incumbent, 

 or otherwise howsoever, shall be filled by the election of a competent person 

 by a majority of the remaining general trustees. 



IX 



ALTEaiATION OB MODIFICATION OF THIS INDENTURE 



(a) During the existence of the donor 



At any time and from time to time heroafier, with the consent of the Insti- 

 tution, the trustees, and the donor, this trust indenture msiy be allered, raodifled, 

 or supplemented in any respect whatever, as the parties hereto may deem 

 advisable or necessary, which shall not l)e inconsistent with the gencr.U pur- 

 pose and scoiM' of this trust Indenture and of the said joint resolution. 



(6) After the termination of the dounr 



Willie this trust indenture is entered into by the parties hereto with the 

 Intention, and it is the purport hereof, that the trust hereby created shall 

 be administered strictly in accordance with the terms, provisions, and con- 

 ditions of this indenture and of .said joint resolution, the parties hereto recognize 

 that with the passing of time and changed conditions, some of such terms, 

 provisions, or conditions may become inconvenient or impossible of observance 

 or the observance thereof may become detrimental to the primary purpose of 

 the donor that the National Gallery of Art and the contents thereof, including 

 the donor's collection of works of art, shall at all times be available for the 

 benefit and enjoyment of the public, or situations or conditions, not now thought 

 of or inadequately provided for in this indenture, may arise and the proper 

 administration of this trust may require such conditions or situations to be 

 properly and practically dealt with, and consequently, the parties hereto agree 

 and expressly provide that if at any time and from time to time, but only' 

 after the termination of the A. W. Mellon Educational and Charitable Trust by 

 the terms of the deed of trust creating such trust or otherwise, three-fourths 

 of the entire membership of the trustees and three-fourths of the entire num- 

 ber of the regents or other duly constituted governing body of the Institu- 

 tion shall be of the opinion that in order properly to administer the National 

 Gallery of Art and the site and contents thereof in the interest and for the 

 benefit of the public, this indenture of trust should be altered, modified, or 

 amended as respects any of its terms, provisions, or conditions, or should be 

 supplemented so as adequately to provide for new conditions or situations, 

 then and in every such event the trustees, with the approval of at least three- 

 fourths of the entire membership of the trustees, and the Institution, pursuant 

 to approval of at least three-fourths of its Board of Regents or other duly con- 

 stituted authority, shall have the right, power, and authority, by supplemental 

 indenture, to effect any such alteration, modification, or amendment hereof, or 

 supplement hereto, provided however, that no alteration, modification, or amend- 



