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Plaintiff filed action to recover the estate of her late husband, John Gellatly, from the Smithsonian Institution. The donations were completed prior to the plaintiff's marriage, and once married, the plaintiff's husband failed to inform her of his intended will. At the time the case was presented, "there [was] no basis in law or in equity to set aside the gift or transfer" or "to allow a recovery." The court ordered that the findings of the case be transmitted to the House of Representatives for resolution.


  • Gellatly, Charlayne Whiteley
  • Gellatly, John 1853-1931
  • Whaley
  • Jones Judge
  • Madden, Mr
  • Whitaker
  • Littleton, Mr
  • United States Court of Claims


Smithsonian Legal Documents

Legal document information

  • 71 F.Supp. 357 (Ct. Cl. 1947)
  • Title 20, Education
  • Court case


Chief Justice, Whaley, took no part in the decision of this case;

Contained within

71 Federal Supplement (Book)

Contact information

Institutional History Division, Smithsonian Institution Archives, 600 Maryland Avenue, S.W., Washington, D.C. 20024-2520,


  • 1947
  • 05/05/1947


  • Repossession
  • Actions and defenses
  • Gifts
  • Estates (Law)
  • Estates (Law)--United States


United States


Court case

Physical description

Number of pages: 4; Page Numbers: 357-360

Full Record

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