SMITHSONIAN BEQUEST. 63 



of December, 1829; and it was ordered that the said 

 master should inquire whether John Fitall, in the pleadings 

 of this cause named, was living or dead ; and if the said 

 master should find that the said John Fitall was dead, then 

 it was ordered that he should inquire and state when he 

 died. And it was ordered that the said master should 

 inquire whether Henry James Hungerford, in the pleadings 

 .also named, was living or dead ; and if the said master 

 .should find that the said Henry James Hungerford was 

 -dead, then it was ordered that he should inquire 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 surviving; and the 

 .said master was to inquire and state the ages of such chil- 

 dren, respectively, 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 

 testator 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 53 7s. 6d. was justly 

 due and owing to Messrs. Thomas Clarke & Co., the solici- 

 tors 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 Plungerford 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 opin- 

 ion 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 tes- 

 tator, 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 7,673 livres de rentes, in the report men- 

 tioned, amounting in value to the annual sum of 150 9s. 

 sterling money of Great Britain and Ireland, calculated at 



