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SMITHSONIAN INSTITUTION  809
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"If any exigency shall arise making such use necessary, the income from such residue of my estate shall be used for the care, protection and maintenance of the building in my said will provided for, and of the collections in my said will mentioned."

This provision apparently contemplated an exigency that might arise through the inability of the Institution, because of failure of appropriations or otherwise, to provide the care and maintenance which it had assumed, but is not to be regarded as relieving the Institution of that obligation.

The residuary clause also authorized the Institution to make purchases of very fine examples of Oriental, Egyptian and Near Eastern fine arts, on the conditions stated, and it was provided that "such purchases shall become part of the Freer collection." The Institution was also empowered by the codicil "notwithstanding anything to the contrary contained in any document" theretofore executed by the testator, to accept for the Freer Collection such gifts as might be tendered for that collection by certain persons named, each of whom had already contributed important art objects "to that part of the National Collection at present in my care."

The provisions of the Deed of Gift followed the offer made by Mr. Freer to the President of the United States on December 15, 1905, and a resolution of acceptance adopted by the Board of Regents on January 24, 1906. In view of the acceptance of the Deed of Gift and of the Bequest in Mr. Freer's will, your Committee is of the opinion that the provisions of Paragraph 4 of the Deed of Gift of May 5, 1906, require the Institution, without use of any Freer funds whatever, to provide upkeep, repair, watch, heat, light, cleaning of building, repair and cleaning of collections, recording, labelling and moving of specimens, except so far as this requirement may be deemed to be modified by the provision of Paragraphs Eighteenth, Nineteenth and Twentieth of Mr. Freer's will to which reference is made below.

The only question, in this connection, that could arise would be with respect to additional objects added to the collection as provided under the terms of the codicil, which were not included in the objects embraced in the

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