From Alexander Büttner, Hermann Büttner, William Potter, Hermann, William, Büttner, Potter to Supreme Court of Victoria, Probate Jurisdiction   28 June 1900

The heading is centered on a double-width ledger page. The transcription below begins at the first left-hand page with the list of receipts and is followed by p. 1 of the statement of expenditure.

A. Buttner et al. to A. Peacock, 21 October 1896 (in this edition as M96-10-21) asked that the Government pay to the executors the 'usual nine months salary', but this could not be paid because M had not resigned before he died. The executors then asked for a gratuity, which was granted; see W. Potter et al. to G. Turner, 2 December 1896 (in this edition as M96-12-02) and notes thereto.

The agreed price for the books was £600, but initially only £450 was paid over, payment for the remainder to be conditional on the delivery of the books. Potter undertook to deliver them 'as far as in my power to do so', stating that they would be delivered to the Curator of the Herbarium (i.e. Georg Luehmann) on 29 March 1897. They were not delivered, either then or subsequently, but because the allocation of the remaining £150 would otherwise lapse, it was nevertheless paid over on 31 August 1897 (see W. Potter to C. Topp, 27 March 1897 (in this edition as M97-03-27), and notes thereto). Some of the books were delivered a few days afterwards (see G. Luehmann to C. Topp, 6 September 1897; E97/9154, unit 958, VPRS 3992/P inward registered correspondence, VA 475 Chief Secretary's Department, Public Record Office, Victoria), but the remainder were not delivered until legal steps to recover them were begun by an action in the Supreme Court in October 1907 (Age (Melbourne), 1 November 1907, p. 10). A stay of proceedings was issued after Potter and the new Government Botanist, Alfred Ewart, reached agreement as to the transfer, but the implementation of this was interrupted by Potter's death on 29 April 1898 and not until November 1908 was the transfer completed (RB MSS 138b, Library, Royal Botanic Gardens Melbourne; Cohn (2005), p. 149).

On 13 March 1900, Gemmell, Tuckett & Co. advertised an Executors' Sale to be held at 2.30 p.m. that day of 'Relics of Australian Explorations, Handsome and Valuable Souvenirs, Gold and Silver Presentation Medal, Furniture, Pictures, Carriage, Harness, &c., of the Late Baron Sir Ferdinand Von Mueller' (Age (Melbourne), 13 March 1900, p. 2). Which relics, souvenirs and medal were sold at this time is not known, although some are listed in a report of the auction in Argus, 14 March 1900, p. 5.

The remainder of the page is ruled out, with 'Carried Forward 1179 16:7' entered at the bottom.

The statement of Assets and Liabilities filed in November 1896 (in this edition as M96-11-12) did not declare a mortgage but listed an overdraft from the Royal Bank of Australia, secured by the deposit of the title deed to the land, a total debt including interest of £416: 0: 3.

Some of these amounts do not match the sums given in the statement of Assests and Liabilities; some are new and suggest that accounts had not been received by the time the statement was submitted in 1896.

Line partially obscured by fold; missing amount calculated by comparison with the sub-total.

This is the last entry on the page, the remaining space is ruled through, and ends by "Carried Forward 943 12 0' with the same sum recorded as 'Brought Forward' at the top of the next expenditure page. The second receipt page is ruled through except for the carried forward amount of £1179 16 7, which is repeated at the level of the final entry on the opposite, expenditure page.

These volumes were never published. In 1909, Charles Topp, who was by then working on a planned biography of M, advised the surviving executors, Hermann and Alexanfer Büttner, on the publishability of the papers he had perused and sought a quotation for them for the printing of some of them. See notes to C. Topp to H. and A. Büttner, 29 January 1909 (in this edition as M1909-01-29) for a report of civil law proceedings in which the Judge ruled that no part of M's estate was to be expended in publishing them, and that the executors were not legally entitled to prepare at the cost of the estate any memoir or biographical notice.

The Will merely specified 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'.

Although treated as a separate component of the Probate bundle, this statement was evidently prepared at the same time as the statement of receipts and expenditure; it is therefore transcribed as part of the same filing. The entries are made on single-page ledger sheets, but the empty second group of columns is not shown.

See W. Lamb Smith to the executors, 22 October 1896 (in this edition as M96-10-22).

Cane Seat? Cushion Seat?

This is the last entry on the page below which is a sub-total to be 'Carried Forward 12 18 0'. The same amount is 'Brot Fwd' at the top of the next page.

This is the last entry on this page, below which is 'Carried Fwd 25 19 0'; the same amount is 'Brot. Fwd.' at the top of the final page.

Not in the hand that completed the return, apparently in William Potter's hand.

The estate had not been finalized by 1907, when the executors made a further claim against the Government for £7,500 'as half the sum spent privately by the late Baron for plants for the national collection'; the claim was rejected (Age (Melbourne), 12 February 1907, p. 6). A further claim was made for support for writing M's biography, which led to adverse comment in the press:

More than ten years have elapsed since the baron died, and for the greater portion of that time Mr Potter, one of the executors, has occupied the house. In view of the request which has been made for a contribution from the general tax payer to further perpetuate the memory of the late baron, the public would have some right to inquire why the house has not been sold as directed in the will — supposing that no sale has been yet affected — and why the income in the way of rent has not been utilised for carrying out the instructions of the will in regard to the publication of the report and the appreciative press articles. ... It is not clear from the wording of the will what Baron von Mueller intended should be done with the proceeds from the sale of his real estate, but it is obvious that they could be used to defray the cost of the publishing work he specially directed to be carried out. (Age (Melbourne), 23 February 1907, p. 20).

Potter continued to occupy the house, which he named 'Vonmueller', until he died. He was described in his death notice as 'literary executor of the late Baron Sir Ferd. Von Mueller, K.C.M.G.' (Argus, 30 April 1908, p. 1). After legal advice from Counsel in March 1909 the surviving executors offered the 'commodious brick villa' for sale by auction on 9 May 1909 (see notes to C. Topp to H. and A. Büttner, 29 January 1909 (in this edition as M1909-01-29).

The statement of Receipts and Expenditures is part of the bundle of papers related to the grant of probate of M's will dated 17 June 1884 (in this edition as 84-06-17). The papers include affidavits concerning James Rudall's renouncing the role of executor and the remaining executors (Alexander Büttner, Hermann Büttner and William Potter) swearing to the accuracy of the accounts, dated 12 November 1896; John George Luehmann and Charles French each swearing to the authenticity of the will and that the alterations in it were made before they signed as witnesses; a valuation of M's property and effects (see W. Lamb Smith to the executors, 22 October 1896 (in this edition as M96-10-22); a statement of Assets and Liabilities at death (see A. Büttner et al. to Supreme Court, 12 November 1896 (in this edition as M96-11-12); and the formal grant of probate, dated 16 November 1896.

The item is dated to the date of filing in the Master in Equity's Office.