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Smithsonian Institution   1291

Representation on behalf of the Institution, through the Department of Justice, continues through Mr. Marvin C. Taylor, special attorney. The brief has been filed for the appellant. Papers on behalf on the Smithsonian Institution are now in preparation.

RENUNCIATION OF THE HRDLIČKA BEQUEST

At the meeting of the Board of January 18, 1946, the Secretary reported on the two provisos affecting the Institution in the will of Dr. Aleš Hrdlička, deceased member of the staff. One of these, relating to reprinting Dr. Hrdlička's scientific papers, was renounced by appropriate resolution as burdensome and impractical in in administration.

The other, which was to establish a fund for the aid of educational establishments in Dr. Hrdlička's native town of Humpoleč, Bohemia, was accepted, since it was judged to fall within the proper activities of the Institution. Since the last meeting of the Board information has come that, under a change in rules of the District Court of the United States relating to the handling of trust properties of this kind, put into effect in May 1947, the Institution would not only have to undertake court action to clear the title for disposal of the real estate through which this fund would be set up, but that there would be mandatory a yearly accounting to the court of the disposal of the income of the fund. These conditions were not in effect when the Board by resolution voted to accept the bequest. The requirement is so definitely onerous that the Executive Committee through a memorandum dated February 4, 1948, instructed the Secretary to notify the Executor of the Hrdlička Estate that the Smithsonian Institution renounced the bequest.

A.W