L I B It A R Y 



UNIVERSITY OF 



CALIFORNIA. 



CORRESPONDENCE. 



Clark, Fynmore $ Fladgate to A. Vail. 



CRAVEN STREET, STRAND, [LONDON,] July 21, 1835. 



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

 "Smithson, on the subject of which we yesterday did our- 

 selves the pleasure of waiting upon you, and we avail our- 

 selves 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. Hungerford, against Messrs. Drum- 

 .monds, 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 amount- 

 ing in value to about 100,000. During Mr. Hurigerford'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 defined 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 proceedings which it is requisite that the 

 United States should institute. 



We act in this matter for Messrs. Drummond, the 

 bankers, who are mere stake-holders, 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 

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