In Smithson's will, he stated that should his nephew, Henry James Hungerford, die without heirs, the Smithson estate would go to the government of the United States for creating an "Establishment for the increase & diffusion of Knowledge among men".
In Smithson's will, he said if his nephew Henry James Hungerford should not have kin next in line, the estate would go to the US government to make an "Establishment for the increase & diffusion of Knowledge among men".