SMITHSONIAN BEQUEST. 65 



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 gen- 

 eral's certificates read, and what was alleged by the coun- 

 sel on all sides, his lordship doth declare that the plaintiff 

 is entitled to the residue of the several stocks, and securi- 

 ties, 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 here- 

 inafter 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, annui- 

 ties, 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 in the cause of Hungerford vs. 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 Fyn- 

 more; 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 account- 

 ant 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 

 5 



