Viewing page 431 of 520

This transcription has been completed. Contact us with corrections.

SMITHSONIAN INSTITUTION    1604

accept the bequest in Dr. Seidell's will, and we advised you that it would be appropriate for the Institution to do so, it became apparent that the clear intent of Mrs. Seidell's will had failed because of certain failures by Dr. Seidell to act under the applicable statutes of the District of Columbia within a period of six months from the time of her death. I want to emphasize that these failures to act which I refer to are legalisms and not directed as criticisms toward any parties. In essence, the problem boils down to this: 

"Mrs. Seidell did not provide for anything in her will to go to Dr. Seidell other than certain tangible personal property and effects and using her words it is stated as follows: 

'***not through any lack of love or affection for him, but solely because he has ample means of his own to provide adequately for his comfort.'

"Mrs. Seidell's will went on further to leave all other property in trust to Riggs National Bank for them to pay the income to Miss Medinger for her lifetime and in absolute and uncontrolled judgment of the bank to 'maintain my said niece in the same degree of comfort which she shall have enjoyed immediately prior to my death.'

"Following the death of Miss Medinger, the will provides that should certain persons survive Miss Medinger that various shares of net income would be paid to various relatives of Mrs. Seidell and then in turn after the death of those persons, the will provides that the net income from the trust fund should be paid over to various nephews. Subsequent to the death of all these named beneficiaries, then the trust estate would pass, with all undistributable accumulations, in fee simple to St. Margaret's Protestant Episcopal Church, presently located at Connecticut Avenue and Bancroft Place, N.W., Washington, D. C.

"Mrs. Seidell died in March 1961 and Dr. Seidell died in late July 1961, more than four months subsequent to Mrs. Seidell's death. Prior to Dr. Seidell's death, he had discussed both with his attorney and with a trust officer of Riggs National Bank what pieces of personal property in Mrs. Seidell's estate he would like to have. Had any of those pieces of property been taken by Dr. Seidell prior to his death, we would not have the question here presented. The situation had actually arisen that Miss Medinger had agreed to release to Dr. Seidell all the furnishings of the apartment which they shared but this had not been reduced to writing, nor had the actual transfer taken place. This was necessary, for under Mrs. Seidell's will Miss Medinger had a right of prior selection over Dr. Seidell. 

"From a legal standpoint, there is no question in the minds of any one connected with this entire matter as to the fact that by operation of the law the Smithsonian Institution has become vested in the distributive share of Mrs. Seidell's estate which had flowed to Dr.