TWENTY-FOURTH CONGRESS, 1835-37. 137 



-of the United States at London, dated the 21st July last, 

 communicated by Mr. Vail to the Secretary of State, thai 

 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 lega- 

 tee, Mr. Hungerford, against the Messrs. Drummonds, the 

 executors, in which suit the assets were realized ; that these 

 wore 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 re- 

 ceived the income arising from this property ; but that news 

 had reached'England that Mr. Hungerford had died abroad, 

 leaving no child surviving him ; so that the event has hap- 

 pened on which the executory bequest of this large property 

 was made by the testator, Mr. Smithson, 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, and Fladgate also inform Mr. Yail that it has 

 now become 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; that it is not 

 clearly defined in Mr. Smithson's will, to whom, on behalf 

 of the United States, the property should be paid or trans- 

 ferred ; and indeed there is so much doubt that they appre- 

 hend the attorney general on behalf of the crown of 

 England must be joined in the proceedings which it may be 

 requisite the United States should institute; that they act, 

 in this matter, for Messrs. Drummonds, the bankers, who 

 are mere stake-holders, and are ready to do all in their 

 power to facilitate getting the decision of the court of 

 chancery, and carrying the testator's intentions into effect; 

 and that they will be happy to communicate with such pro- 

 fessional advisers as the Government of the United States 

 shall think fit to appoint to act for them in England. And 

 having thus stated the nature of the business, they add, 

 that they abstain from making any suggestion as to the 

 party in whose name proceedings should be adopted, con- 

 sidering that the point should be determined by counsel in 

 England, after the opinion of the proper law officers in the 

 United States shall have been taken on the subject. 



In a letter of Mr. Vail to the Secretary of State, of the 

 28th July last, communicating a copy of Mr. Smithson's 

 will, and the letter of Messrs. Clarke, Fynmore, and Flad- 

 gate, to him, he says that that letter, and the inquiries he 



