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XIV
PROCEEDINGS OF THE BOAED OF REGENTS.

tary stated that his last annual report to the Board had been completed prior to his illness and would be laid before the meeting, and that he was confident that the affairs of the Institution were well in hand and its work would go forward.

RESOLUTION RELATIVE TO INCOME AND EXPENDITURE.

On behalf of the executive committee Doctor Bell offered the following resolution, which was adopted:

Resolved, That the income of the Institution for the fiscal year ending June 30, 1907, be appropriated for the service of the Institution, to be expended by the Secretary, with the advice of the executive committee, with full discretion on the part of the Secretary as to items.

ANNUAL REPORT OF THE SECRETARY.

The Acting Secretary submitted the annual report of the Secretary to June 30, 1905, which was accepted.

ANNUAL REPORT OF THE EXECUTIVE COMMITTEE.

Doctor Bell submitted the annual report of the executive committee to June 30, 1905, which, on motion, was accepted, with the understanding that it might be brought up at the next meeting for adoption.

ANNUAL REPORT OF THE PERMANENT COMMITTEE.

The permanent committee reported, through Doctor Bell, as follows:

Hodgkins fund.—The case of Smith v. O'Donoghue has been set for hearing on the 13th of February next. This case, in which the Institution is interested as residuary legatee under the will of Mr. Hodgkins, involves the liability of the residual estate on a warranty deed of certain property in New York City conveyed by Mr. Hodgkins in May, 1871. It was decided in favor of the Institution in the appellate division, and the chances are considered excellent for success in the court of appeals.

Andrews will case.—The hearing upon the application of the executor to have the Andrews will interpreted was had in the New York supreme court, and a decision has been handed down establishing the right of the Andrews Institute for Girls to receive the legacy provided in the will, thus depriving the Smithsonian of the residual legacy of perhaps one and a half million dollars. Counsel of the Institution are of the opinion that though the decision in the lower court is unfavorable to the Institution the prospects of success in the appellate division are good. It is the intention to join with the heirs in appealing the case.