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-120- [[preprinted]] Law Offices Craighill, Mayfield & McCally 725 Fifteenth Street, N.W. Washington, D.C. 20005 (202) 347-4444 G. Bowdoin Craighill (1882-1972) Caesar L. Aiello (1893-1971) G. BOWDOIN CRAIGHILL, JR. RICHARD H. MAYFIELD C. THOMAS McCALLY [[short line]] FRANCIS E. FENWICK* *ADMITTED ONLY IN VIRGINIA Maryland Office: 300 Perpetual Building Bethesda, Maryland 20014 RICHARD H. MAYFIELD C. THOMAS McCALLY [[/preprinted]] July 23, 1979 Peter G. Powers, Esquite General Counsel, Smithsonian Institution Washington, D.C. 20156 Re: Marjories Merriweather Post [[underlined]] Foundation of D.C. [[/underlined]] Dear Mr. Powers: At the conclusion of our meeting on Tuesday, June 26th, at which your associate, Mr. Dean Anderson, and Capt. Rodion Cantacuzene, Secretary of the Post Foundation, were also present, you suggested that I attempt to set forth the substance of our discussion, including the proposed course of action or approach which we all thought might be feasible for resolving our several concerns. [[underlined]] The Problem [[/underlined]] The problem relates to the criteria for the identification of those praticular articles, originating with Mrs. Post, which may properly be considered the property of, or should be on per- manent display at, Hillwood Museum. The problem arises because the arrangements in effect when the various articles were acquired in Mrs. Post's lifetime did not contemplate the present factual situation, that is, that "Hillwood" would revert to the Post Fouddation from the Smithsonian Institution. The right to possession or the title to certain articles is unclear, as a legal proposition. There are equitable con- siderations based mainly on expressions of intent. Finally, there are practical allocations which could be adopted to re- solve current and possible future controversies. [[underlined]] Proposed Solution [[/underlined]] Quite specifically, there are two art objects now at the Smithsonian Museum which the Post Foundation respectfully re- quests be transferred to Hillwood Museum as permanent exhibits: