Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1836-01-19

marry, | empower HIM to make q JolntulS'
In case of The death of my said nephe'o aoith.
out leaving child or children, or Of the
death of the chill or children he may haze
had, under the age Of trcnty one gears, or
intestatc, l then bequeath the rholc et my
property (subject to the annuity of floo to
John Fital, and for the security and pay
mcnt of which | mean stock, 10 remain IN J.
this country to the United States Of Amers.
ca, to found at Washington, under the name
of the Smithsonian Institution, an estaol'sh-
saent for the increase and diffusion Of k''o'o'
ledge among men," u
# further appears, from letter of Messrs.
Clarke, Fynmorc, and Fladgate, solicitors,
to Mr.. Vail, charge d'aifaires OF the onhed
States at London, dated the 2lst July last
communicated by Mr.. Vail to the Secretary
of State, that, pursuant to the Instructions
contained in Mr.. Smithson's WILL an anaca'
bic suit was, on the death Of that testator'
brought in the court of chancery OF Eng
land, by the legatce, Mr.. Hungerlord, a.
gainst the Messrs. Drummonds, the execu'
tors, in which suit the assets were realized;
that these were very considerable; that
there is now standing IN the name OF the
accountant general Of the Court OF chance
ry, on the trusts of the will, stock amounting
in value to 100000; that MIR. Hunger
ford, during his life, hadrcceived the income
arising from this property; but that news
had reached England that Mr.. Hungertord
had died abroad, leaving no child surviving
him; SO that the event has happened on
which the cxecutcry beluest OF this large
property was made by the testator' Mr..
Smithson, to the United States, to found, at
Washington, under the name OF "Ihe
Smithsonian Institution" an establishment
for the increase and diffusion of knowledge
among men. Messrs. Clarke, Fynmore,
and Fladgatc also inform Mr.. Vail 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 farther disposition Of the property 7; that
it is not clearly defined in MIR. Smithson's
will to whom, on behalf of the United States
the property sho I'D be paid or transferred;
and indeed there is so much doubt, that they
apprehend the attorney general on benau
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 arc mere shareholders,
and are ready to do all in their power to ia.
cilitate getting the decision Of the court ot
chancery, and carrying the testator,s 'nten'
tons into effect; and that they will be hap.
py to communicate with such professional
advisers as the Government Of the United
States should think fit to appoint to act tor
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, considering that the
point shoull be determined by counse! IN
England, after the opinion ofthe proper law
officers in the United States shall haze been
taken on the subject.
In letter of Mr.. Vail to the Secretary OF
State, of the 2sth July last, communicating
n COPY of Mr.. Smithson's will, and the letter
Eof Messrs. Clarke, Fynmore, and Fladgate
to him, he says that that letter, and the In
quiries he has made, leave no doubt OF the
will of Mr.. Smithson having been establish.
ed, and its dispositions recognized by tho
court of chanccry of England; that, ac-
cording to the view taken of the case by
the solicitors, the United States, in the event
of their accepting the legacy, and the trust
coupled with it, should come forward: by
theis representative, and make themselves
parties to IN amicable suit before the Lord
Chancellor of England, for the purpose OF
legally establishing the fact,of the demise
of Mr.. Hungerford, the legatee for life, with
out children and intestate, proving their
claim to the benefit of the will, and obtain
ing decree in chancery awarding to them
the proceeds of the estate; that Messrs.
Clarke, Fynmore, and FIadgate are willing
to undertake the management of the suit,
on the part of the United States; and that,
from what he has learnt Of their standing,
they may safely be conided in. And Mr..
Vail suggests, upon the advice of those gen.
tlemen, method of proceeding to assert
the claim Of the United States to the legacy,
without further delay, in case it should be
thought unnecessary to await the action OF
Congress TO authorize the institution OF the
requisite legal proceedings.
The Secretary of State submitted the let:
liter Of Mr.. Vail, and the papers Herewith
communicated, to the President, who deter.
mined to lay the subject before Congress- at
its next session; and Of this determination
the Secretary Of State apprized Mr.. Vail, in
a letter of the 26th September last.
The President, in his message of the 17tfi
December, transmits to Congress all the
correspondence and information relating to
the subject, as the same had been reported