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SMITHSONIAN INSTITUTION  813
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"Q. 5. Is it proper to devote the income mentioned in paragraph 20 of the will to the payment of the Superintendent of the Freer building as it now the practice?"

Paragraph Twentieth provides that the income of the trust fund thereby created "shall be used solely for the care and maintenance of the gardens and statuary provided for in the next preceding paragraph of this Will". It is the opinion of your Committee that this income should be used solely for the purpose mentioned so far as it is necessary for that purpose, and may be used to pay the Superintendent of the Freer building if he performs the service contemplated by Paragraph Twentieth, but should not be paid to him as compensation for other services.
While the testator intended to provide adequately for the care and maintenance of the gardens and statuary, it is not believed that he intended that an amount not so required should nevertheless be expended for that purpose, and any surplus which may remain of the income on the shares held in trust under this paragraph, after adequately providing for the care and maintenance of the gardens and statuary referred to, would fall into the residuary estate to be held and expended under paragraph 4 of the codicil.

"Q. 6. In paragraph 18, is it defensible to regard the expression 'a competent curator' as a personage of plurality, so that more than one curatorial person could be employed with the income mentioned in said paragraph? It is conceivable that no single person would be found to unite all the qualities of 'a competent curator'".

The testator provided in Paragraph Eighteenth for "hiring a competent curator, whose first service shall be the faithful oversight, intelligent exhibition and careful protection of the collections transferred by me by deed of gift or bills of sale or bequeathed by this Will to said Institution." The testator contemplated "a competent curator" who should have the supervision of the collections, as stated. It would not be in accordance with this intent if the income of the trust fund were only large enough to provide for a single curator of the required ability, and with the duties assigned to him, to divide it among two or more. Nor would it be permissible, if these duties could be

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