SMITHSONIAN BEQUEST. 57 



named in the pleadings, was dead ; that he died at Pisa, in 

 the summer of 1835 ; that he was not married at the ti'me 

 -of his death, nor at any time ; and that he died childless. 

 It was not found how old he was at the time of his death ; 

 nor is that material to any of the issues. As to John Fitall', 

 it was found that he died in London, in June, 1834 ; and as 

 to Madame de la Batut, the mother of Henry James Hun- 

 gerford, the master, on the evidence before him, found her 

 to have a claim on the estate of Mr. Smithson to the 

 amount of one hundred and fifty pounds and nine shillings 

 -a year, payable as long as she lives, and for the arrears of 

 this annual allowance from the 22d of September, 1834, to 

 the 23d of last March. 



The establishment of all the foregoing facts will be found 

 to meet the essential inquiries to which the master's atten- 

 tion was directed by the court's first decree, as reported in 

 my No. 9. Mr. Smithson's will having provided, among 

 otncr things, that on the death of his nephew, Henry James 

 Hungerford, " without leaving child or children," the whole 

 of his property should go to the United States ; and this 

 primary fact being now incontestably established in due and 

 legal form under the authority of the court, and all other 

 proof required by the pleadings obtained, Mr. Pemberton 

 -asked for a decree declaring the United States entitled to 

 the property. The representative of the attorney general, 

 who was present in court, said that he believed everything 

 had been established, as stated, and that the rules relating 

 "to public charities, as applicable to this case, calling for no 

 objection on the part of the Crown, none would be inter- 

 posed a course that falls in with what was said by the same 

 officer on the occasion of the first decree, as reported in my 



jtfo. 7. 



The counsel of the defendants, Messieurs Drummond, 

 agreed also to what was stated, and had nothing to allege 

 in opposition to the claim of the United States. 



The counsel of Madame de la Batut were also content ; 

 the course I took, as made known in my No. 21, having put 

 .an end to opposition from that quarter. 



All essential facts being at length fully and formally es- 

 tablished, and opposition from all quarters quieted by the 

 measures I have directed, there seemed no reason why a 

 -decree in favor of the United States should not at once be 

 pronounced; but Mr. Pemberton having stated that, in the 

 end, a petition would have to be presented for a transfer of 



