58 SMITHSONIAN BEQUEST. 



on to be heard for further directions; and this cause coming on this present day to 

 l>e heard before the right honorable the master of the rolls for further directions on 

 the said master's said report, and as to the measure of costs reserved in the said 

 decree, in the presence of counsel learned on both sides: upon opening and debate 

 of the measure, and hearing the said decree, the said report, the said order dated the 

 27th day of March, the said petition, and the accountant general's certificates read, 

 and what was alleged by the counsel on all sides, his lordship doth declare that the 

 plaintiff is entitled to the residue of the several stocks, and securities, and cash, 

 respectively, standing in the name of the accountant general of this court, in trust in 

 this cause, and also in trust in a certain other cause of Hungerford against Drummond, 

 in the master's report mentioned, and the other property of James Smithson, the 

 testator, in the pleadings in this cause named, after providing for the payment 

 hereinafter directed; and it is ordered that the sixty -two thousand seven hundred 

 and thirty-nine pounds nineteen shillings and two pence bank three pounds per cent 

 annuities, twelve thousand pounds reduced annuities, and sixteen thousand one 

 hundred pounds bank stock, respectively, standing in the name of the said accountant 

 general, in trust hi the cause of Hungerford v. Drummond, and the sum of one 

 thousand seven hundred and sixty-five pounds two shillings cash in the bank, 

 remaining on the credit of the said cause, be respectively carried over in trust in and 

 to the credit of this cause; and the said accountant general is to declare the trust of 

 the said several sums of stock, accordingly, subject to the further order of this court; 

 and out of the said sum of one thousand seven hundred and seventy-five pounds two 

 shillings cash, when so carried over, and the sum of two hundred and four pounds 

 six shillings and eight pence cash in the bank, on the credit of this cause, it is ordered 

 that the sum of fifty-three pounds seven shillings and six pence be paid to Mr. 

 Thomas George Fynniore; and thereout, also, it is ordered that the sum of five 

 hundred and twenty-six pounds eleven shillings and six pence be carried over, 

 with the privity of the said accountant general, and placed to the credit of this 

 cause, to an account to be entitled "The account of the annuitant Mary Ann 

 de la Batut;" and thereout, also, it is ordered that the sum of twenty-five pounds 

 be paid to Mrs. Elizabeth Fitall (as executrix of John Fitall, deceased) ; and it is 

 ordered that it be referred to the master to whom this cause stands referred, to 

 tax all parties their costs of this suit, and relating thereto, properly incurred; 

 the costs of the plaintiff, and of the defendant Charles Drummond, to be taxed 

 as between solicitor and client; and it is ordered that the amount of such costs, when 

 taxed, be paid out of one thousand three hundred and sixty-four pounds nine shil- 

 lings and eight pence cash, which will then l>e remaining on the credit of this 

 cause, after the several l)efore-mentioned payments, in manner following, that is to 

 say: The costs of the said plaintiff to Mr. Thomas Clark, his solicitor; and the costs 

 of the defendant Charles Drummond to Mr. Thomas George Fynmore, his solicitor; 

 and the costs of Her Majesty's attorney-general, to Mr. George Maule, her solicitor. 

 It is ordered that five thousand and fifteen pounds bank three pounds per cent 

 annuities, part of the six thousand eight hundred and ten pounds nineteen shillings 

 and seven pence, like annuities, standing in the name of said accountant general, in 

 trust in this cause, and any interest which may accrue on the said sum of five thou- 

 sand and fifteen pounds bank three pounds per cent annuities, previous to the carry- 

 ing over hereby directed, be, in like manner, carried over in trust, in this cause, to 

 the separate account of Mary Ann de la Batut, entitled "The account of the annui- 

 tant Mary Ann de la Batut," and the said accountant general is to declare the trust 

 thereof accordingly, subject to the further order of this court. And it is ordered 

 that the interest and dividends thereof, which shall accrue during the life of the said 

 Mary Ann de la Batut, be paid to her during her life, or until the further order of 

 this court, for her separate use, and on her sole receipt, by equal half-yearly pay- 

 ments, on the 22d day of September and the 22d day of March in every year; the 



