bility of properly classifying the vast body of
correspondence or of controlling the use of the papers once
they became government property.
 
         The Surrogate in his opinion on the question of the
ownership of the papers held: 
 
     "In view of Mr. Roosevelt's declaration of his plan for
the final disposition of his papers, the consistent course of
conduct followed by him to consummate that plan, and the
principles of law applicable thereto, the decision of this
Court is, that Franklin D. Roosevelt, during his lifetime,
made a valid and effective gift of all his papers and
files, including those in his possession at the time of
death to the United States Government, to be placed
maintained that preserved in the Franklin D. Roosevelt
Library at Hyde Park, New York."
 
       The Decree entered on the Surrogate's decision
incorporates the foregoing language with the further 
provision that the placing, maintaining and preservation 
of the papers in the Library is "for purposes of historical 
study and research for all time." That Decree further 
authorized and directed the Executors to release and 
surrender to the Archivist all papers of the decedent 
in their custody or under their control upon receiving 
a proper receipt therefore, and 
 
"upon the filing of said receipt the said Executors, be in
all respects released and discharged from all liability,
responsibility and accountability with respect thereto;"
 
          Thus, while the Surrogate's Court did not
specifically decide the precise question now before us, it
did squarely decree that there was a valid gift of the
papers to the government, including copies of
correspondence in the files, and that upon releasing them 
 
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