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SMITHSONIAN INSTITUTION  808
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fireproof building connected with the National Museum or reasonably near thereto, upon a site to be furnished by the Institution, according to plans and specifications to be agreed upon between Mr. Freer and the Regents.  The building thus provided was to be used exclusively "for storing and exhibiting the objects covered by this instrument and such objects as may hereafter be transferred" by Mr. Freer to the Institution.  It was provided that Mr. Freer might "add either appropropriate objects to be selected by him to those enumerated in said inventory." and such objects when transferred to the Institution were to be subject in all respects to the terms and conditions of the instrument.  The objects embraced in the inventory with such additions as should be made by Mr. Freer during his lifetime and transfered to the Institution after the building was ready to receive them.

Paragrah 4 to which the question relates then provided as follows:

"4.  The said building, when constructed and the objects, when delivered, shall be cared for and maintained perpetually by said second party, or its successors, at its own expense."

Mr. Freer's will dated May 18, 1918, stated in Paragraph Eighteenth that he had theretofore "given by Deed of Gift and by bills of sale" to the Institution, "a collection of objects of art" and he had further given the Institution, One Million Dollars to be used in the erection of a building to house the said collection, which building was then in process of construction. In Paragraph Twenty-first of the will, the testator bequested to the Institution "all art objects listed in an inventory entitled "An Appendex to an Inventory of the Collection of Charles L. Freer presented to the Smithsonian Institution and not transferred to said Institution by bill of sale prior to my death."

In Paragraph 4 of the codicil, dated May 4, 1919, the testator in disposing of the residue of his estate provided:
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