186 JORNAL DE SCIENCÍAS MATIIEMATICA3 



the teslator, Dr. Welwitsch hoping or seeming to wish ihat the iegacies 

 made by him might be considerecl as made by the Government. This 

 disposition which seems ío cover the testator's behaviour in the matter, 

 is really but iUusory. The Poríuguese Government were not simply li- 

 beral towards the teslaior because of his African collections, they or- 

 dered them, they payed for them, they are the only ones entilled to 

 possess them. Nor did they aulhorise the testalor to make Iegacies of 

 that national property in their or another name. Therefore the will is 

 void in ali it contains regarding these coilections, which are Portuguese 

 property at the disposal of the Government only. 



The refusal of the executors of lhe will to deliver this part of lhe 

 personal estale of Dr. Welwitsch claimed by lhe Portuguese Legalion in 

 London rendered judicial pleadings inevitable, and the case was brought 

 before the Court. Some final efforts vv^ere made meanwhile to avoid the 

 proseculion of it and to come to an agreement for which lhe executors of 

 the will showed a desire. I was aulhorised in order to complete in Lon- 

 don the terms of such an agreement, and I received to this end, dated 

 15.^'' Dec. 1873, the inslruclions from the Marine and Colonial Depart- 

 ment. I reaped, however, bui lhe delusion that nothing was to be obtained 

 in this way. The terms proposed by lhe executors were the foUowing: 



1. The study-set wiih ali the notes made by Dr. Welwitsch not 

 only when he was receiving a salary from lhe Portuguese Government, 

 but during the lasl seven years of his life, when he was enlirely on 

 his own resources shall be given to the Portuguese Government. 



2. As complete a sei as possible, after the study-set, shall be pre- 

 sented to the Brilish Museum, togelher with copies of ali the labels 

 belonging lo the sludy sei. 



3. The various seis íhereafter shall be actually presented by the 

 Portuguese Government to the difíerení scientiSc inslitulious in accor- 

 dance with lhe wishes of Dr. Welwitsch as expressed in his will. 



4. The arrangement of lho plants shall be continued by Mr. Hiern 

 under conjoiní direcíion of lhe Portuguese Government and of the exe- 

 cutors after the melhod and in accordance wilh the instruclions of Dr. 

 Welwitsch — this to include the delermination and description of ali the 

 unnamed specimens, so that the sludy set may be completely named 

 before being sent to Lisbon. 



5. The money necessary to meei the expenses thus to be incur- 

 Fed shall be provided by the Portuguese Government, because by giving 

 np ah the coilections to the Government the executors are deprived of 

 the funds destined for this work. 



