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 Should my said nephew Hanry James Hungerford marry, I empower in him to make a jointure.

In the case of the death of my said nephew without having a child or children, or of the death of the child or children he may have had under the age of twenty one years or intestate, I then bequeath the whole of my property subject to the annuity of one hundred pounds to John Fitall & for this security & payment of which I mean stock to remain in this country to the United States of American to found at Washington, under the name of the Smithsonian institution, an establishment for the increase & diffusion of Knowledge among men.

I think it proper here to state that all the money which will be standing in the French five per cents, at my death in the name of the father of my above mentioned nephew Henry James Hungerford, & all that in my name is the property of my said nephew being what he inherited from his father or what I have laid up for him from the savings upon his income.

James Smithson