CORRESPONDENCE. 



Clarke, Fynmore (& Fladgate to A. Vail, Charge d? Affaires of the 

 United States, London. 



CRAVEN STREET, STRAND [LONDON], July %1, 1835. 



SIR: We send you, inclosed, the copy of a will of Mr. Smithson, 

 on the subject of which we yesterday did ourselves the pleasure of 

 waiting upon you, and we avail ourselves of the opportunity to 

 repeat, in writing, what we verbally communicated. 



Pursuant to the instructions contained in the will, an amicable suit 

 was, on the death of the testator, instituted in chancery by Mr. Hun- 

 gerford against Messrs. Drummond, the executors, under which suit 

 the assets were realized. They were very considerable; and there is 

 now standing, in the name of the accountant-general of the court of 

 chancery, on the trusts of the will, stock amounting in value to about 

 100,000. During Mr. Hungerford's life he received the income 

 arising from this property; but news has just reached England that 

 Mr. Hungerford has died abroad, leaving no child surviving him. 



It now becomes necessary that measures should be taken for the 

 purpose of getting the decision of the court of chancery as to the 

 further disposition of the property. On reference to the will it will 

 appear that it is not very clearly denned to whom, on behalf of the 

 United States, the property should be paid or transferred; indeed, 

 there is so much doubt that we apprehend that the attorney -general 

 must, on behalf of the Crown of England, be joined in the proceed- 

 ings which it is requisite that the United Stages should institute. 



We act in this matter for Messrs. Drummond, the bankers, who are 

 mere stakeholders, and who are ready to do all in their power to 

 facilitate getting the decision of the court and carrying into effect the 

 testator's intentions. 



We shall therefore be happy to communicate with such professional 

 advisers as your Government may think fit to appoint to act for them 

 in this country. In the meantime we may perhaps be permitted to 

 add that it is perfectly competent for us to carry on the proceedings 

 on behalf of the United States, and possibly some expense and delay 

 may be avoided by our so doing. 



Having thus briefly stated the nature of the business, we at present 

 abstain from making any suggestions as to the party in whose name 



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