You can't say for sure that the donor's implicit desire was for objects
to be made part of the museum's permanent collection - that isn't stated
anywhere in her will or papers. Not knowing what the items are, if they
do not meet the museum's collecting focus, then I would have to assume
the donor knew it was outside the range of their collections and meant
for the donation to be used to benefit the museum, whether for their
collection, or to be sold to benefit the museum. It is the same idea
when someone leaves their entire estate to a museum - obviously not
everything is appropriate to keep. The rest can be sold to benefit the
museum.

It would be different if the donor had been in contact with the
institution and they led her to believe the objects would become part of
the permanent collection. That would be unethical. If she bequeathed to
the museum without their knowledge, then I think it is fine to give away
or sell the objects. 

Sabrina Henneman



-----Original Message-----
From: Patricia Reynolds [mailto:[log in to unmask]] 
Sent: Monday, May 01, 2006 1:54 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Q about handling a bequeathed gift

Dear Holly,

I feal that accepting a gift with no intention of following the giver's
implicit desires is perhaps not the image you would want your museum to
be
associated with.

In your case, I would ask the executors if the will makes any provision
for
refusal, or, if not who is the residual legatee.  This is the person of
institution who will own the collection if you refuse the request.

The worst that will happen if you refuse the request is that the
residual
legatee will burn it: I am hopeful handled professionally with all the
tact
and discretion needed, at this time of their loss, the new owner will
consider a solution which fits closely to the wishes of the previous
owner,
but does not compromise your collecting policy (and who knows, there may
be
something else in the estate which _does_ fit your needs).

There may be a difficulty if the residual legatee is a trust which does
not
have a historic mission.  The trustees would be legally obliged to sell
the
collection to raise funds for their own purposes (if not holding it as
an
investment).  Of course, another museum could then buy it, or it would
go
on to be cherished by other collector(s), or put back into use by other
owners who will also take delight in them.

I hope that helps the discussion,

Best wishes,

Pat
Surrey Museums Development Officer

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