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SMITHSONIAN INSTITUTION 524 
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MADE BY BAKER-VAWTER CO.
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CHOATE, HALL & STEWART

30 State Street,
Boston, Massachusett
November 20, 1921.

Dr. Charles D. Walcott, Secretary,
Smithsonian Institution,
Washington, D. C.

Dear Dr. Walcott:

I am returning herewith the printed copy of Revised Statutes of the United States relating to Smithsonian Institution, which you kindly sent me with yours of the 12th.

I have tried to make a careful investigation of the question which you presented in that letter and in the accompanying papers, and I entirely agree with Judge Gray that it is competent for the Smithsonian Institution to accept the residuary estate of Charles L. Freer and assume the obligation to pay the note out of the proceeds of which the taxes are to be paid. While the Institution cannot borrow money, it may "receive money or other property by gift, bequest or devise and hold and dispose of the same in promotion of the purposes thereof". I think the power to assume the debt may be implied from the express power given by the language quoted above.

Two cases which bear upon the subject may be

[[underlined]] Woods Investment Co. [[/underlined]] v. [[underlined]] Palmer. [[/underlined]] 8 Colorado App. 132; 
and [[underlined]] Sherman [[/underlined]] v. [[underlined]] American Congregational Assn., [[/underlined]] 113 Fed. 609.

Very truly yours,

(Signed) Chas. F. Choate, Jr.

In view of the preceding statements, your Permanent Committee recommends the acceptance of the residuary estate, and submits draft of resolutions covering the matter, as follows:

WHEREAS, the Smithsonian Institution has received from the Executors of the Will of Charles L. Freer, deceased, a letter dated October 21, 1921, reference to which is hereby made (See p. 518)^[[handwritten image: red circle with center dot]], outlining in substance the situation respecting the estate of said Freer, under whose last will and testament, and codicil, the said Smithsonian Institution is residuary legatee.

[[initialed]] CDW [[/initialed]]