I agree with Mr. Gerrard.  Perhaps there are other interested parties in
this estate who are trying to obtain some of the items that you are
interested in.  I would inquire and work towards a compromise if this is
the case to minimize costly legal fees.

        -----Original Message-----
        From:   Richard Gerrard [SMTP:[log in to unmask]]
        Sent:   Tuesday, March 30, 1999 2:07 PM
        To:     [log in to unmask]
        Subject:        Re: Bequest Problems

        Dear Ms. Morton,

        Let me begin by stating I am not a lawyer, nor am I an expert in
the law of
        succession.  My best advice to you is to get a professional
legal opinion.

        However, I believe the executor (and their legal council) is
exercising due
        diligence with regard to their responsibility.  Given the large
number of artifacts
        you have selected perhaps there is a compromise position to
avoid presenting a
        case-by-case argument for the relevance of each acquisition.
You might suggest to
        the executor that you supply them with a copy your collecting
policy and collection
        management procedures.  Since you have selected these artifacts
as being of
        historical significance and relevance to your collection, ask
the executor to
        indicate which artifacts they feel fall outside your collecting
mandate, once they
        have studies the documents.  This should reduce the number of
specific curatorial
        decisions for which you need to provide additional support.

        Richard Gerrard
        Registrar, Collection Management
        Toronto Historical Board

        Ann Morton wrote:

        >  We are a county historical society, who recieved a bequest in
the will of one
        > of our local citizens, directing us to select any "tangible
personal property
        > from my home"  which we  "shall deem to have historical value
to such
        > respective society..."
        >
        > The lawyer and executors of the will are unwilling to let us
have the items we
        > have selected, unless we comply with their request (which I
have copied, below,
        > HS is Historical Society--us):
        >
        > "The Coexecutors are accountable to parties other than the
        > HS for items in and about the house.  The Co-Ex will require a
statement from
        > the curator regarding each particular item selected for the
benefit of the HS.
        > For example, if the HS already has a particular item but
believes that Mr. B;s
        > article would upgrade that item, then a statement can be made
indicating such.
        > If the HS wishes to present a particular scene or wishes to
establish a
        > collection of certain articles representative of WC and the
particular item
        > will contribute to that collection or scene, then it can be so
stated.  In
        > short, there should be an explanation of how a particular item
will enhance
        > the HS's permanent collection.  If it cannot be explained, the
then HS will
        > not receive the item.
        >         In addition, I will need the assurance of the curator,
who has the
        > professional ability to make appropriate commentary, that the
items selected
        > will be part of the permanent collection and will not be used
for resale or
        > any other purposes not directly related to the Society's
permanent colletion."
        >
        > Is this reasonable?  Should we comply?  We have selected
several hundred items.
        >  Has anyone had a similar problem?  Help!
        >
        > Ann Morton
        > Curator, Wayne County Historical Society