Ferdinand von Mueller

This is the last will and testament of me, Ferdinand Jacob Heinrich von Mueller, K.C.M.G., M. & Ph.D., a Baron in the Kingdom of Wuerttemberg, at present living in Arnold-Street, South-Yarra. I appoint as executors of this my last will James Rudall Esq., FRCS., of Melbourne, Alexander Buettner Esqr, M.D., F.R.C.SE., of East-Melbourne, Hermann Buettner Esq., Gentleman, East-Melbourne, William Haig Esq., M.D., South-Melbourne and the Reverend William Potter, F.R.GS., of South Melbourne.

1

Probate in M's will was applied for in November 1896, shortly after his death (A. Büttner et al. to Supreme Court, 12 November 1896 (in this edition as M96-11-12)), and was granted on 16 November, but the estate was not wound up for many years; see notes to C. Topp to H. and A. Büttner, 29 January 1909 (in this edition as M1909-01-29), concerning proceedings in the Supreme Court of Victoria heard in Chambers in August 1909, and the case file (no. 515, 1909, VPRS 267/P0007, Supreme Court, Civil case files, Public Record Office, Victoria).

— I request the Executors of my will to return through his Excellency the Governor my decoration of K.C.M.G. to the Right Honorable the Secretary of State for the Colonies, — to return my other decorations through the respective Consuls to their Excellencies the Ministers of foreign affairs of the various Governments, from whom I received these distinctions, except my decorations of St. Jago and of Isabella the Catholic,

2

M's badge of the Order of Isabella the Catholic is now at the Royal Botanic Gardens Melbourne; the regalia of the Order of St Iago remained in the family

which with the Patent of my Baronial or Freiherrns Rank are to be kept as an unsaleable and sacred heirloom in the families of my two sisters. I wish to give to the eldest son

3

J. F. Rudall.

of James Rudall Esqr the miniature diamond-star of the Legion of Honor,

4

This is presumbably the star, said to have been M's, that is now held by the Dixson Library, State Library of NSW, DN/M 1472.

and to the eldest daughter of Dr Buettner the chain of miniature-decorations, which I possess; — and I furthermore request all the executors of my will, to select from my moveable property such articles for souvenirs of their children, as they may deem fit.

5

On the basis of this clause, the regalia (red sash, sash badge and breast star) of the Grand Cross of the Order of Christ of the Kingdom of Portugal that had been bestowed on M were gifted by the executors of his estate on 26 February 1900 to William Potter's daughter Beatrice. The regalia, together with the deed of gift, are now at the Powerhouse Museum, Sydney (catalogue registration number N15547).

— But from this selection are to be excludet

6

excluded?

the five caselets of Jaspis-articles, which were presented to me by His Majesty the late Emperor of Russia, as these Jaspis-Articles are to be given to the youngest daughter of the honorable Dr David Wilkie of East Melbourne. The clock, presented by the employées of the botanic Garden to me, is to be placed as a gift into the botanic Museum.

7

This clock is now at the Royal Botanic Gardens Melbourne. It bears the inscription: 'Presented to Dr F. Mueller F.R.S. as a token of respect By the employees of the Botanic Gardens January 17 1866'.

I further direct, that all my furniture and other household-articles, carriage and any other domestic property be sold, as well as my ground and cottage in Arnold-Street, South-Yarra, and likewise any town-allotments, which at the time of my death I may possess in Perth, West-Australia, concerning which the honorable John Forrest, C.M.G., Commissioner of Crownlands there, will be able to afford information; and any other property, which I may hereafter acquire is to be disposed of in the same manner. My private and unofficial correspondence (kept ever apart from official letters) together with my Diplomas and manuscript journals I bequeath to the Baroness Maria Negri, daughter of Baron Christophoro Negri of Turin, the whole to be forwarded free of expenses.

8

After it was established in 1910 that Maria Negri had predeceased M, the Judge in Chambers made a Further Order that the unofficial correspondence and associated materials should be placed at the disposal of M's surviving immediate family.

I further wish the executors of my will to issue at my cost not less than 500 copies of reprints in book form with lithographic plan of the departmental reports, made by me from 1853 til 1874 as Government Botanist and also Director of the Botanic Garden of Melbourne to Parliament here, such copies to be distributed to various botanic Gardens and scientific institutions over the globe; — and I request the executors of my will furthermore, to cause for similar distribution an issue of not less than 500 printed copies to be prepared also on my expense of a collection or rather selection of favorable articles on the Melbourne botanic Garden, such as during my Directorship appeared in the metropolitan journals here, the transcription being ready at my residence.

9

The collection of newspaper articles could not be found by his executors and the Judge ordered that the departmental reports not be published.

I desire the botanic portion of my private library, containing the books, purchased by myself since 1866 to be offered to the Victorian Government at a fair valuation; — and I wish also, that the Government be informed of the justness of making some monetary allowance to my heirs for the botanic collections, which I accumulated by private means from 1840 til to the present time, and which became united with those portions of the Museum-plants, which were acquired at Governments expense, — the fixing of any such allowance to be left to the judgement and good will of the Government, and the fulfillment of this solicitation under no circumstances to be excuted

10

executed?

by any legal means whatever. The same injunction I hereby give concerning any recovery of the extensive outlays, which in the eagerness of advancing the interest, utility and fame of my Department I spent out of my private means for official purposes since 1853 in defraying all personal travelling expenses myself, in incurring much private expenditure for foreign interchanges, agencies, freight, office-light, fuel, frequent purchases of seeds, having also provided since 1857 an office-keeper continually on private expense. Whatever proceeds thus may arise, I direct to be deposited in Government Saving-Banks with a view, that the proceeds of the Capital be given annually to my sister, Mrs Dr Wehl near Millicent, South-Australia, and after her death to her heirs and those of my late sister, Mrs George Doughty of Mount Gambier, but without any right whatever of any of such heirs to sell the benefit of such annual interest. From the investments above indicated is however to be set apart the sum of one hundred £, the interest of which is to be devoted to protect my burial place, and to keep it continually neat and planted with flowers.

11

The Judge declared the 'restriction on alienation attempted by the will' inoperative and the provision for the upkeep of M's grave as void 'as transgressing the rule against perpetuities'.

I have subscribed my name to this my last will on the seventeenth day of June in the year eighteen hundred eighty four

Signed by the above named Ferdinand Jacob Heinrich von Mueller in the presense of us, who on his request and in the presense of each other have here unto subscribed our names as witnesses

J. G. Luehmann

Charles French

12

Charles French Snr.