BOTANICAL NEWS. 381 



out his wishes, and some progress in the distribution into sets had 

 been made when the institution of the suit put an end to the work. 

 We have on each occasion that the case has been before the Court 

 called attention to it, and, when it became evident that the Judge 

 would, so far as he could, compel a compromise to be arrived at, we 

 expressed a hope that one which would maintain the scientific spirit 

 of the will might be arranged. The difficulties have been very great, and 

 the result now arrived at is probably the most satisfactory possible 

 under the circumstances. The main points in the decree of the Vice- 

 Chancellor are these : — That the King of Portugal is in right of his 

 crown entitled to all the collections, with the accompanying notes and 

 descriptions. That a separation of the " study set " and ''best set 

 next after the study set " from the rest of the collections, and a copy 

 of the notes, &c., be forthwith made in England by Dr. J. 1). 

 Hooker on behalf of the King of Portugal, and Mr. W. P. Hiern on 

 behalf of the British Museum, to which institution the King " of his 

 grace and favour " gives the above-mentioned second set; the ex- 

 penses of the distribution, &c., to be borne in equal shares. That the 

 King pay to the executors £600 in full of all demands. That these 

 acts being carried out, the executors deliver up " the best set next 

 after the study set " to the Trustees of the British Museum, and the 

 rest of the collections to the King. By this somewhat illogical decree 

 the dignity of the Crown of Portugal is preserved, and, at a rather 

 heavy price, that Government obtains the " study set." But what is of 

 most importance is that a set inferior only to the study set, and with 

 copies of all Dr. Welwitsch's notes, will be carefully selected here by 

 competent persons, and be speedily available at the Museum for 

 naturalists. An authentic and nearly complete collection will thus 

 exist in London for consultation, and one of the most cherished 

 wishes of the testator will be carried out. For this result we 

 think that the gratitude of botanists is due to the executors, and 

 especially to Mr Carruthers. The loyalty with which they have up- 

 held the scientific credit of Dr. Welwitsch against the ungenerous 

 depreciation of his enemies, and the pertinacity with which they 

 have adhered to the main lines of his well-considered plans, are most 

 creditable ; and we congratulate them on the result, especially as we 

 understand that the decree of the Court relieves them of all expenses 

 in defending the suit. It is interesting to consider what would have 

 been the case had the will been undisputed. The distribution would 

 probably have been now finished; the " study set" would have 

 been purchased at a good sum by, and be now available for consul- 

 tation at, the British Museum ; the Portuguese Government would 

 have received from the executors the two best sets next after the study 

 set, and another besides, all properly arranged and named without any 

 expense to them whatever, or any call on their botanical attain- 

 ments ; and numerous museums throughout Europe would have 

 been enriched with similar gifts. One cannot but suspect that 

 the Government of Portugal must before now have become aware 

 that it would have been better to have refused to listen to 

 interested or disappointed advisers, and to have kept out of a 

 tedious, expensive, and vexatious litigation. The parties who will 

 probably suffer most are the various foreign museums to whom sets 



