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JOURNAL OF PROCEEDINGS.   XIII

erection has been put up south of this building. This will enable the apparatus to be used, but it is not the "observatory" in question, which, if Congress makes the necessary appropriation, will probably be erected at some future time in some suburban site under the Regents' control.

In this connection he presented a copy of the will of the late Dr. Jerome H. Kidder, and letters from his executor, accompanied by a copy of an unsigned codicil. The Secretary stated that Dr. Kidder was a former officer of the U.S. Navy, who several years ago made a bequest of $10,000 to the Smithsonian Institution to be employed for certain biological purposes. Dr. Kidder afterwards informed the Secretary that owing to changes in his domestic circumstances, he had reduced the amount to $5,000 and changed the purpose of the bequest, which he was desirous to see applied to the astro-physical observatory in question. It appears however that though this was well known to Dr. Kidder's family and friends to be his deliberate purpose, he did not actually execute this provision to his will, but having ordered a codicil to that effect to be drawn, was stricken with so sudden an illness that he was unable to sign it. (The Secretary read two letters from the executor stating, in substance, that the family would cheerfully pay the $10,000, but that it earnestly desired to see this sum applied to the astro-physical observatory, in which Dr. Kidder's whole interest was lately engaged.)

After the clauses of the will and the codicil had been read a discussion followed, from which it appeared to be the opinion of the Board that if the Regents accepted, in accordance with the wishes of the family and the executors, the deliberate purpose of the testator in regard to the object of the bequest, they should be guided by this purpose also in regard to the amount which they should receive.

Mr. Morrill then offered the following preamble and resolution, which was adopted:

Whereas the late Jerome H. Kidder having, in a will drawn up some years before his death, bequeathed the sum of $10,000 to the Smithsonian Institution for purposes connected with the advancement of science, did in a codicil to said will, drawn under his direction during his last hours, but which his sudden death prevented him from executing, reduce the amount of his bequest to $5,000, which he desired should be applied toward the establishment of an astro-physical observatory: It is

Resolved, That the Executive Committee of the Board of Regents be authorized to accept, as finally and decisively indicative of the wishes of the testator the provisions of the codicil bequeathing $5,000 for the purpose of an astro-physical observatory, and that they be authorized to decline to accept from his executors more than this sum; provided, however, that before doing so they can receive sufficient assurance that the Institution will be protected against any liability.

The Secretary exhibited recently prepared sketch plans for a new Museum building, and called the attention of the Regents to their recommendation to Congress, in January, 1883, of the need of enlargement.
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