

[Vol. 2 

 8 ANNALS OF THE MISSOURI BOTANICAL GARDEN 



transfer his property to trustees and further declaring it 

 lawful. Shortly afterwards, the Supreme Court of the state 

 decided in the case of Chamhers vs. The Mullanphy Belief 

 Fund Bequest, that such trusts were legal and could be admin- 

 istered in this state, thereby removing the doubt entertained 

 by some of the legal profession. 



In 1866 Mr. Shaw secured the services of Mr. James Gurney 

 from the Royal Botanical Garden in Regents Park, London, 

 who was Head Gardener during Mr. Shaw's lifetime and for 

 several years afterward, and is now Head Gardener Emeritus, 

 and also Superintendent of Tower Grove Park. 



There is no record of Mr. Shaw ever having had a public 

 opening of the Garden, and a committee of trustees appointed 

 to investigate and report on the date the Garden was estab- 

 lished, decided that the Missouri Botanical Garden began its 

 existence in 1889, upon the organization of the trust declared 

 by Mr. Shaw's will. 



Mr. Shaw executed his will January 26, 1885, devising his 

 estate, with the exception of a few minor bequests, to a board 

 of trustees of seventeen, the original members of which were 

 designated in the will, and the board thus constituted, ex- 

 clusive of certain ex-officio members, was to be self-perpetu- 

 ating. The five trustees by virtue of the offices they hold 

 were the Mayor of the City of St. Louis, the Chancellor of 

 Washington University, the Episcopal Bishop of the Dio- 

 cese, the President of the Board of Public Schools, and the 

 President of the St. Louis Academy of Science. There were 

 two honorary trustees appointed, Professor Asa Gray of Har- 

 vard University, and Professor Spencer F. Bair'd of the 

 Smithsonian Institution. 



Before the death of Mr. Shaw, on August 25, 1889, and the 

 probating of his will, on September 17, both of the honorary 



trustees had passed away as well as two of the active members 

 of the Board. 



The remaining trustees met October 14, 1889, at Mr. Shaw 

 late residence, Seventh and Locust Streets, and effected an 

 organization of the Board, electing Mr. Rufus J. Lackland 

 President, Mr. Henry Hitchcock Vice-President, Mr. A. D. 



