126 CONGRESSIONAL PROCEEDINGS. 



an establishment under the name of "The Smithsonian Institution 

 for the increase and diffusion of knowledge among men," respect- 

 fully report: 



That it appears that Mr. James Smithson, late of London, deceased, 

 by his last will and testament bequeathed the whole of his property to 

 his bankers, Messrs. Drummonds, of Charing Cross, London, in trust, 

 to be disposed of in the manner therein provided and directed, and 

 desired his said executors to put his property under the management 

 of the court of chancery; and then (after bequeathing an annuity of 

 100 to John Fitall for life) he bequeathed and provided as follows: 



To Henry James Hungerford, my nephew, I give and bequeath, for his life, the whole 

 of the income arising from my property of every nature and kind whatever, after pay- 

 ment of the above annuity, and after the death of John Fitall that annuity likewise; 

 the payments to be made to him at the time interest or dividends become due on the 

 stocks or other property from which the income arises. Should the said Henry 

 James Hungerford have a child or children, legitimate or illegitimate, I leave to such 

 child or children, his or their heirs, executors, and assigns, the whole of my property 

 of every kind, absolutely and forever, to be divided between them, if more than one, 

 in the manner their father shall judge proper; and in case of his omitting to decide 

 this, as the lord chancellor shall judge proper. Should my said nephew, Henry 

 James Hungerford, marry, I empower him to make a jointure. In case of the death 

 of my said nephew without leaving a child or children, or of the death of the child 

 or children he may have had, under the age of 21 years, or intestate, I then bequeath 

 the whole of my property (subject to the annuity of 100 to John Fitall, and for the 

 security and payment of which I mean stock to remain in this country) to the United 

 States of America, to found, at Washington, under the name of the Smithsonian 

 Institution, an establishment for the increase and diffusion of knowledge among men. 



It further appears, from a letter of Messrs. Clarke, Fynmore & 

 Fladgate, solicitors to Mr. Vail, charge d'affaires of the United States 

 at London, dated the 21st July last, communicated by Mr. Vail to the 

 Secretary of State, that pursuant to the instructions contained in Mr. 

 Smithson's will, an amicable suit was, on the death of that testator, 

 brought in the court of chancery of England, by the legatee, Mr. 

 Hungerford, against the Messrs. Drummonds, the executors, in which 

 suit the assets were realized; that these were very considerable; that 

 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; that Mr. Hungerford, during his life, had received 

 the income arising from this property; but that news had reached 

 England that Mr. Hungerford had died abroad, leaving no child sur- 

 viving him; so that the event has happened on which the executory 

 bequest of this large property was made by the testator, Mr. Smith- 

 son, to the United States, to found, at Washington, under the name of 

 "The Smithsonian Institution," an establishment for the increase and 

 diffusion of knowledge among men. Messrs. Clarke, Fynmore & 

 Fladgate also inform Mr. Vail that it has now become necessary that 

 measures should be taken for the purpose of getting the decision of the 



