34 SMITHSONIAN BEQUEST. 



you that we have used all the means in our power to bring the matter 

 to a close, but we are still unable to state any definite period at which 

 you might expect to receive the funds. 



Our inquiries in Italy have, we trust, put us in possession of such 

 evidence as will fully establish the fact of Mr. Hungerford's death, 

 without having been married; but however important it may be to do 

 this, still there is another point to be settled before the funds will be 

 available to the United States. This point is the claim of Madame de 

 la Batut, under the will of Colonel Dickinson (whose executor Mr. 

 Smithson was), under which will she is entitled for her life to half the 

 Colonel's property. 



The outline of this claim is that Mr. Smithson possessed himself of 

 all Colonel Dickinson's estate, and never rendered to Madame de la 

 Batut any account of it, and that, not having done so, she has now a 

 right to call upon Mr. Smithson's executor to do that which he in his 

 lifetime ought to have done. Mr. Drummond has no means of ren- 

 dering this account; but until the claim is set at rest the court could 

 not, of course, order the funds forming part of Smithson's estate to 

 be paid over to the United States. As for anything that appears to 

 the contrary, the greater portion of these funds might have arisen 

 from the property of Colonel Dickinson. Our object now, therefore, 

 is to induce Madame de la Batut to come in and establish some claim 

 in the present suit (the amount, however, of which we seek, as much 

 as possible consistently with justice, to reduce), so as to bind her by 

 the present suit and make it conclusive upon the subject. 



Her advisers have but little evidence to offer in support of her case, 

 and have, in consequence, very much delayed the necessary proceed- 

 ings. We pressed them as much as possible, and, indeed, threatened 

 to bar them by getting the master to report against them; but, in 

 reply to this, they intimated that if we did so, they should give notice 

 to Mr. Drummond to hold the funds, and file a bill against him, as 

 executor of Smithson, for an account. As this would be attended 

 with more delay and expense than it is likely there will be in the pres- 

 ent proceedings in the master's office, we are induced to afford every 

 indulgence, urging only all possible dispatch, which, as fortunately 

 Madame de la Batut's solicitors are persons of the highest respecta- 

 bility, we are sure they will use. 



We are, your very obedient servants, 



CLARKE, FYNMOBE & FLADGATE. 



RICHARD RUSH, Esq. 



fiichard Rush to John Forvytk. 



LONDON, July 28, 1837. 



SIR: I received on the 26th instant, from our minister, Mr. Steven- 

 son, a petition addressed to the President by M. de la Batut, now it 



