100 



DEPARTMENTAL COMMITTEE ON BOTANICAL WORK: 



t'lr W. T. 

 Thiselton- 



Dyer, 

 k:.c.m.g., 



E.E.S. 



29 Nov. 1900. 



Addendum B.' — Memorandum on the Banksian Her- 

 barium, by Sir William Thiselton-Dyer, with correspon- 

 dence between the Office of Works and the principal 

 Probate Registry, enclosing copies of the two codicils to 

 the will of the Eight Honourable Sir Joseph Banks, 

 Baronet, concerning the testamentary disposition or his 

 botanic collections, and a letter from Sir Joseph Hooker 

 respecting the collection of drawings by Francis Bauer, 

 alluded to in the said codicils. 



[Copy.] 



PIlI^^CIPAL PROBATE REGIST'RY TO OFFICE 



OF WORKS. 



Principal Probate Registry, 

 Somerset House, London, W.C. 



January 20th, 1899. 

 Sir, — ^I am desired by the Senior Registrar to acknow- 

 ledge the receipt of your letter of yesterday's date, and 

 to say that the will of Sir Joseph Banks does not in 

 any way relate to the disposal of his scientific collec- 

 tions and library, but that the two codicils, a copy of 

 which is enclosed herewith, will probably give all the 

 information which Mr. Akers-Douglas desires. 



H. J. Hapgood, Esq. 



I am, etc., 

 (Signed) B. D. Adams. 



ExTEACTED from the Principal Registry of the Probate, 

 Divorce and Admiralty Divisionjof the High Court 

 of Justice, in the Prerogative Court of Canterbury. 



The following is a copy of two codicils to the will of 

 the Right Honorable Banks deceased: — 



This is a codicil to the last will and testament of 

 me, the Right Honorable Sir Joseph Banks, of Spring 

 ■ Grove, near Heston, in the County of Middlesex, and 

 of Kings, otherwise Soho Square, in the same County, 

 Baronet, one of His Majesty's Most Honorable Privy 

 ■Council, Knight Grand Cross of the Most Honorable 

 Military Order of the Bath, and President of the Royal 

 Society, which will is dated the seventh day of January 

 instant. Where as I am seized of, and entitled to, the 

 leases of certain farms and lands held for lives and 

 years ; and I have not by my said will provided any 

 fund for renewing the same. Now, it is my wall, and 

 -I hereby expressly direct that the same leases shall be 

 renewed from time to time during the life of my dear 

 wife, Dame Dorothea Banks ; and that the fines, fees, 

 and expences necessary for that purpose shall be borne 

 and paid out of the rents of my estates m the County of 

 Jjincoin, and that the amount of such fines, fees, and 

 expences shall remain, and be a charge on the inheri- 

 tance of the same estates, so as to secure to the legal 

 personal representative of my said dear wife the re- 

 payment of a due proportion of such fines, fees and 

 /expences, with legal interest, upon a calculation as 

 between a tenant for life, renewing at her own expence 

 and the persons having the absolute interest in such 

 renewals, or in case my said wife shall make any such 

 renewals out of her own monies that then a proportion 

 of the amount thereof according to such calculation as 

 aforesaid, with interest, shall in like manner remain a 

 charge on the inheritance of my said estates, I give and 

 bequeath unto my indefatigable and intelligent 

 Librarian, Robert Brown, Esq., an annuity of two 

 hundred pounds, payable quarterly, to commence from 

 my decease, and to continue during his life. I also 

 give to the said Robert Brown the use and enjoyment 

 during his life of my library, herbarium, manuscripts, 

 drawings, oopper-plates engraved, and everything else 

 that is contained in my collections, usually kept in the 

 back buildings of my house in Kings, otherwise Soho 

 Square, and fronting on Dean Street, impeachable for 

 wilful waste only, and after his decease then I give and 

 bequeath the same to the Trustees for the time being of 

 the British Museum, or if it shall be the desire of the 

 said Trustees and the said Rcbeit Brown, shall consent 

 to have the same removed to the British Museum in 

 his life time, he shall be at liberty to do so, such con- 

 sent to be testified in writing, and the said Robert 

 Brown to be provided to his satisfaction with the 

 proper means of access thereto for himself and his 

 friends ; and it is my will, and I hereby declare that 

 the aforesaid bequests in favour of the said Robert 

 Brown are upon the express condition that he continue 

 to use my library as his chief place of study in. tho 

 same manner as he now does. And that he assists the 

 Superintendent of the Royal Botanic Gardens at Kew 

 as he also now does, and continues to reside at London. 

 and does not undertake any new charge that may 



occupy his time. I give and bequeath my leasehold 

 hoiise in Kings, otherwise Soho Square, in which I now 

 reside, with the appurtenances to my said dear wife 

 during her life, or so long as she shall choose to reside 

 therein, and the household goods and furniture therein 

 of every description I give to her absolutely, and after 

 her decease, or her giving up possession of the house, 

 then I give and bequeath the same unto the said Robert 

 Brown for his own absolute use and benefit, but sub- 

 ject to the condition hereinbefore contained. And it is 

 my will, that so long as my said wife shall continue to 

 inhabit the said house she shall supply the said Robert 

 Brown with firing, candles, cleansing, attendance of 

 servants, and such other easements as the library now 

 receives from the other part of the house. I give and 

 bequeath unto Mr. Frederic Bauer of Kew Green, who 

 has been employed by me as a draughtsman for thirty 

 years, one annuity of three hundred nounds, payable 

 quarterly, to commence from my decease, and to con- 

 tinue during his natural life, or until he shall have 

 been admitted into the service of any other person. 

 And it is my will, and I hereby declare that the said 

 annuity is given to the said Frederic Bauer upon con- 

 dition that he continues to reside on Kew Green, and 

 employ himself in making drawings of plants that 

 flower in the collection at Kew in the same manner as 

 he has hitherto done, and the drawings which he shall 

 so make be added to the collection now in his hands, 

 and which revert to me or to my representatives at the 

 time of his death, as will appear by a paper in my 

 possession, written and signed by the said Frederic 

 Bauer. But as it is difficult to foresee and provide for 

 all events that may happen, it is my wish that if any 

 doubts should arise as to my meaning in the conditions 

 before imposed on the said Robert Brovi^n and Frederic 

 Bauer, the same shall at all times be construed in a 

 manner so as to be most favourable to them. I give 

 and bequeath unto Charles Joseph Briscoe, Esq., of tha 

 Stamp Office one annuity of two hundred pounds, pay- 

 able quarterly, to commence from my decease, and to 

 continue during his natural life, or until he shall 

 have obtained an increase of salary, so as to make up 

 his income to one thousand pounds a vear, without any 

 aid from such annuity. And I hereby charge all the 

 said annuities, and also the annuities given by my 

 said will, to my servant John Phillips, on all my 

 estates in the said County of Lincoln, in exoneration of 

 my personal estate. And I in like manner charge on 

 my said estates the duties, which shall be payable to 

 Government in respect of the said annuities, it being 

 my intention that the several annuitants shall receive 

 their annuities in full, and without any deduction 

 whatsoever. And it is my will and intention that my 

 manors, farms and lands of Fulstow and Marsh Chapel 

 shall contribute their proportion to the said annuities 

 and duties notwithstanding I have by deed settled the 

 same manors, farms and lands on the Honorable James 

 Hamilton Stanhope, and his heirs. I give and bequeath 

 the use and occupation of my cottage and garden at 

 Spring Grove, adjoining the Bone Mill, to my said 

 servant, John Phillips, during his life, and after his 

 decease to his wife during her life as a residence for 

 them. And in all other respects I hereby ratify and 

 confirm my said will, in witness whereof I, the said 

 Sir Joseph Banks, the testator, have to two parts of 

 this codicil to my last will and testament contained in 

 four sheets of paper, each set my hand and seal (that 

 is to say) to the first three sheets hereof set my hand, 

 and to this fourth and last sheet my hand and seal this 

 twenty-first day of January in the year of our Lord one 

 thousand eight hundred and twenty. 



Joseph Banks (l.s.). — Signed, sealed, published and 

 declared by the said Sir Joseph Banks, the testator, as 

 and for a codicil to his last will and testament, in the 

 presence of us, who in his presence, at his request, and 

 in the presence of each other, have hereunto subscribed 

 our names as witnesses — ^Henry Bateman, Lincoln's 

 Inn ; William Hepburn, Edwd. John Horton, Clerka 

 to Messrs Bateman and Jones. 



This is a further and second codicil to the last wiU and 

 testament of me, the Right Honorable Sir Joseph Banks, 

 of Spring Grove, in the parish of Heston, in the county 

 of Middlesex, and of Kings, otherwise Soho Square, in 

 the same county. Baronet, one of His Majesty's most 

 Honorable Privy Council, Knight Grand Cross of the most 

 Honorable Military Order of the. Bath, and President of 

 the Royal Society, which will is dated the seventh day 

 of January last. With every feeling of that dutiful 

 homage and humble attentioiv justly due from a loyal 



