SMITHSONIAN BEQUEST. 57 



and state when he died, and whether he was married or unmarried at the time of 

 his decease; and if married, whether he left any, and what, children or child him sur- 

 viving; and the said master was to inquire and state the ages of such children, respec- 

 tively, if more than one. And it was ordered that the said master should inquire 

 and state to the court whether Madame de la Batut had any claim on the said testa- 

 tor Smithson's estate; and for the better discovery of the matters aforesaid the usual 

 directions were given, and his lordship did reserve the consideration of all further 

 directions and of the costs of this suit until after the said master should have made 

 his report. That in pursuance of the said decree the said master made his report, 

 dated the 23d day of March, 1838, which stands absolutely confirmed by an order 

 dated the 27th day of March, 1838, and thereby certified he found that the sum of 

 fifty-three pounds seven shillings sixpence was justly due and owing to Messrs. Thomas 

 Clark & Co., the solicitors for the defendant Charles Drummond, from the estate of 

 the said testator, and he found that the said John Fitall was dead, and that he died 

 at Bush House, Wanstead, in the county of Essex, on the 14th day of June, 1834; and 

 he found that the said Henry James Hungerford assumed the name of De la Batut, 

 and was known as Baron Eunice de la Batut and died at the Royal Hotel, called the 

 Donzelle, situate at Pisa, on or about the 5th day of June, 1835, without ever having been 

 married, and without leaving any issue. And the said master certified that he was 

 of opinion and did find that the said Mary Ann de la Batut, in her right, was entitled 

 to a claim on the estate of the said testator, James Smithson, for an interest during 

 the life of the said Mary Ann de la Batut, in a moiety of the annual income or sum 

 of seven thousand six hundred and seventy -three livres de rentes, in the report men- 

 tioned, amounting in value to the annual sum of one hundred and fifty pounds nine 

 shillings sterling money of Great Britain and Ireland, calculated at the current rate 

 of exchange in the city of London, on the 8th day of March, 1838; and he found 

 that the income arising from the said French stock or fund called livres de rentes 

 was payable and paid half-yearly by the French Government on or about the 22d 

 day of March and the 22d day of September in each year; and he also found that 

 there was due and owing to the said Mary Ann de la Batut (or the said Theodore 

 de la Batut, in her right) from the estate of the said testator, James Smithson, the 

 sum of thirteen thousand four hundred and twenty-seven francs and seventy-five 

 centimes for arrears of the said annuity from the 22d day of September, 1834, to the 

 22d day of March, 1838, amounting in value to five hundred and twenty-six pounds 

 eleven shillings and sixpence sterling money of Great Britain and Ireland, calculated 

 at the current rate of exchange in the said city of London as aforesaid; and he found 

 that the annual income or annuity to which the said Mary Ann de la Batut (or the 

 said Theodore de la Batut, in her right) was entitled for her life out of the estate of 

 the said testator, James Smithson, amounting to one hundred and fifty pounds and 

 nine shillings sterling money of Great Britain and Ireland as aforesaid. And whereas 

 the above-named plaintiff and Richard Rush did, on the 3d day of May, 1838, prefer 

 their petition unto the right honorable the master of the rolls, setting forth as therein 

 set forth and praying that the residue of the several stocks, funds and securities, and 

 cash, respectively, standing in the name of the accountant-general of this court in 

 trust in the cause of Hungerford v. Drummond and in trust in this cause which 

 should remain after providing for and satisfying the annual and other payments 

 directed by the will of the said testator and the costs and charges to which the estate 

 of the said testator had been rendered liable by virtue of the several proceedings 

 and measures aforesaid, or any of them, might be respectively transferred (the 

 amount thereof to be verified by affidavit) in the books of the governor and company 

 of the Bank of England and paid to the petitioner, Richard Rush, and that the boxes 

 and packages mentioned in the said master's report might be delivered into the cus- 

 tody of the petitioner, Richard Rush. Whereupon all parties concerned were ordered 

 to attend his lordship on the matter of the said petition when this cause should coine 



