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SMITHSONIAN INSTITUTION  816
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MADE BY BAKER-VAWTER CO. 
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The provision is -

"and the remainder of the income from said residue shall be used for the promotion of high ideals of beauty and, to that end, as opportunities shall from time to time occur to make the same, occasional purchases shall be made of very fine examples of Oriental, Egyptian and Near Eastern fine arts, after original objects of art produced in the Far East, Egypt or the Near East shall have been examined and approved by one or all of my following named friends, namely, Miss Katharine N. Rhoades, Mr. and Mrs. Eugene Meyer, Jr., and Mrs. H. O. Havemeyer, in consultation with the Fine Arts National Commission, which I require shall be consulted as to all purchases for the collection. Such purchases shall become part of the Freer collection. If, from lack of opportunity, the last described purchases cannot be made, and opportunies from time to time arise for the purchase by the Smithsonian Institution of works of painting, sculpture and pottery of high aesthetic quality, the work of American painters, sculptors and potters, then such purchases shall be made and the works purchases shall immediately become the property of the United States National Gallery of Art, in perpetuity and for exhibition in its own galleries or for loan exhibition in such other galleries everywhere throughout the world as may seem safe and wise to the Regents of the Smithsonian Institution (U. S. National Gallery of Art), excepting that no such paintings, works of sculpture or pottery so purchased with any part of said income shall be exhibited permanently in the building mentioned in the 18th paragraph of said will.  Such residue of income shall however, be allowed to accumulate until opportunity arises to purchase objects of art of the very highest quality needed in the collection."

It will be observed that the language throughout this provision is mandatory.  The remainder of the income from said residue "[[underlined]] shall [[/underlined]] be used" for the promotion of high ideals of beauty.  It is "to that end" that as opportunities occur "occasional purchases [[underlined]] shall [[/underlined]] be made of very fine examples," etc. Such purchases "[[underlined]] shall [[/underlined]] become" part of the Freer collection. If from lack of opportunity such purchases cannot be made and there are other opportunities described to purchase the work of American painters, sculptors and potters "then such purchases [[underlined]] shall [[/underlined]] be made" and the works purchased "[[underlined]] shall [[/underlined]] immediately become" the property of the United States National Gallery of Art.  The residue of income in question "[[underlined]] shall [[/underlined]] be allowed to accumulate until opportunity arises to purchase objects of art of the very highest quality needed in the collection."

[[initialed]] CGA [[/initialed]]