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SMITHSONIAN INSTITUTION  812
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the proceeds of the sale of said shares, must be used exclusively for the purpose of hiring a competent curator to the extent that is necessary to provide an adequate compensation for the services of such a curator as the will contemplates. If the amount were greater than that required for such adequate compensation of "a competent curator", using the term in the sense stated below in answer to Question 6, it is the opinion of your Committee that it should not be regarded as the intention of the testator that the excess should be paid to the curator, as the purpose of the trust was to provide adequate compensation and not to give a bequest independent of the requirements of such compensation. Any residue unexpended for that purpose would, in the opinion of your Committee, fall into the residuary estate to be used under Paragraph 4 of the codicil.

"Q. 4. Is is necessary to devote the whole income of the capital fund described in paragraph 19 of the will to the purposes described in lines 6 to 10 of said paragraph even though (a) the interpretation (2) of query should prevail and the capital fund should greatly increase, and, (b) though the curator and Mr. Platt should both regard such disposition of such income to be wholly undesirable."

The income of the trust fund created by paragraph Nineteenth is to be used "for the creation of ornamental gardens within the court and corridors of said building and on the grounds immediately surrounding it, and for the purchase of suitable American statuary, including permanent wall panels, for erection at appropriate places in said court and corridors". It was the intention of the testator that the income should be devoted to this purpose so far as necessary, but it is not believed to have been the intention of the testator, that the income should be squandered in providing for gardens, statuary or wall panels which were either unnecessary or inappropriate. If the income of the trust fund is found to be greater than the amount required for the purpose stated, the surplus would, in the opinion of your Committee, fall into the residuary estate to be applied under paragraph 4 of the codicil. The Regents may appropriately avail themselves of the opinion of Mr. Platt as contemplated by paragraph Nineteenth.

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