BEQUEST OF COUNT RUMFORD. 



101 



in the American funds, may be employed to augment the capital of this premium ; and that the interest of the 

 sums by which the capital may from time to time be so augmented may regularly be given in money, with the 

 two medals, and as an addition to the original premium, at each succeeding adjudication of it. And it is 



occasu >na 



non-adjudications, may be suffered to increase without limitation. 



"With the highest respect for the American Academy of Arts and Sciences, and the most earnest wishes 

 for their success in their labors for the good of mankind, 



" I have the honor to be, with much esteem and regard, 



w Sir, 



" Your most obedient, humble servant, 



"London, July 12, 1796." 



"EUMFORD. 



. The stocks mentioned in this letter were received by the Academy in 1707. In 1831 a BiD 

 in Equity was brought before the Supreme Judicial Court of Massachusetts, praying relief in the 

 matter of the Eumford Fund ; and thereupon the following decree was made by that Court : 



Decree. — Supreme Judicial Court, J I arch Term, 1832. 



In Equity | The American Academy of Arts and Sciences, Complainants, 

 between / The President and Fellows of Harvard College, Defendants. 



"The cause coming to be heard upon the Bill and answer, by agreement of the parties, — the substance of 

 the plaintiffs' Bill appeared to be that 



" Benjamin, Count Eumford, in his lifetime, made a donation to the plaintiff- of five thousand dollars in 

 the three per cent stocks of the United States, as a testimony of his respect for the American Academy of Arts 

 and Sciences, and for the purpose of promoting by premiums, to be adjudged biennially by them, for the 

 making of such discoveries relating to light and heat, as should, in the opinion of the plaintiffs, tend most to 

 promote the good of mankind, and which should be made and published in the American continent or islands 

 within the two years next preceding the awarding of such premium, and directing the surplus income and 

 accumulation of said fund to be invested in the stock of the United States, and the income thereof added to 

 the said premiums. But it is alleged that the mode of awarding said premiums pointed out by the donor 

 cannot usefully, nor without defeating the general intent of the donor, be strictly complied with ; and that in 

 consequence thereof no premiums have been yet awarded, but the said fund has, by the addition of the income 

 thereof, accumulated to the sum of nearly twenty thousand dollars ; and the income thereof for two years has 

 become too large for a proper premium for such discovery ; and that the same cannot lon^ r be conveniently 

 invested in the stocks of the United States. Therefore, that the plaintiffs may be authoru 1 to dispose of the 

 surplus income of said funds in other modes adapted to promote the general intent of the donor, and to invest 



said fund in more convenient securities. 



" Whereto, the defendants, by answer, admit the material facts set forth in the Bill, but allege that, as 

 residuary legatees of said Benjamin, Count Eumford, they are entitled to have paid over to them, for the use 

 of the Eumford Professorship, founded by said Count Eumford, at said University, any portion of said fund, 



