While admitting from the outset that I'm not aware of all the facts, it's
not clear at all as a matter of law that the museum must return the object
to the heirs.  The issue of "unclaimed loans" is complex and involves
several legal theories, including statutes of limitations, "laches" (i.e.
delay that makes it inequitable to give the relief sought or delay that
warrants a presumption that the party requesting relief has waived his or
her rights), "adverse possession," and any applicable state unclaimed loan
legislation.  For anyone who might be interested, Montana has such
legislation: Montana Code Annotated Sections 22-3-501 to 523.

For a thorough discussion of the issue, see "A Legal Primer on Managing
Museum Collections" by Marie Malaro, Second Edition, 1998, Chapter 7, pp.
284-314.  The book is available in the AAM Bookstore 202/289-9127 or visit
www.aam-us.org.

Barry Szczesny
AAM Government Affairs

Barry G. Szczesny, Esq.
Government Affairs Counsel and
Assistant Director
Government and Public Affairs
American Association of Museums
1575 Eye Street, NW
Suite 400
Washington, DC  20005

202/289-9125 Phone
202/289-6578 Fax
[log in to unmask]  E-mail
http://www.aam-us.org  Website



> -----Original Message-----
> From: Lucy Sperlin Skjelstad [SMTP:[log in to unmask]]
> Sent: Monday, January 24, 2000 9:37 PM
> To:   [log in to unmask]
> Subject:      Re: FW: State museum refuses to give up historic pistol
>
> A much less concise response than Peter Tirrel's -(thank you Peter)! but
> I couldn't help but comment at more length --it's such a text book case.
>
> Yes, this sounds very, very familiar.  I dealt with dozen of just such
> problems at a state University museum founded in the 1920's, and learned
> that this is typical of collection practices in many museums earlier in
> the 20th century.
>
> No you can't just give away State assets, nor, normally, give away
> things away out of the permanent collections.  But no matter how much
> you want to keep it, if your predecessors didn't get the signature on a
> gift document, or you don't have other really solid proof that the owner
> did actually donate it, you just have to bite the bullet and return it
> to the legal heir(s) --wherein lies another problem  --being sure that
> the person who wants it back is the legal heir. The son will have to
> prove the he is the legitimate and sole heir before it can be returned
> to him. Then document this all completely, to forstall any accusations
> of giving away state property.
>
> These cases are always a reminder to those who collect today: "Please"
> be sure you are getting solid documentation for gifts. Unraveling these
> kinds of problems decades later is time consuming and stressful, and can
> create disastrous public relations problems.
>
> Last but not least, there is the negotiation route. Couldn't the State
> Museum arrange to loan the artifact to the Philips Co. Hist. Soc.?
> (This method sometimes ends up pointing out to the erstwhile owner that
> the museum he wants his precious artifact to go to is lacking in
> security provisions, though this certainly may not be the case here.)
> What is the son's real agenda and is there another way to satisfy it?
> At his advanced age, he may respond to a cautious or candid approach to
> thinking long term: 'what is best for the artifact --where will it be
> safest over time', etc. etc. and perhaps he'll even decide to sign a
> donor form if you can make him happy by finding a legitimate way to meet
> his needs. It's the old 'you catch more flies with honey....." routine.
>
> Lucy Sperlin Skjelstad
> Corvallis, Oregon
>
>
> "Henry B. Crawford" wrote:
> >
> > Sound familiar??
> > HBC
> >
> > >>________________________________________________________________
> > >>Billings Gazette 11/30/99
> > >>State museum refuses to give up historic pistol
> > >>Donor's son claims gift wasn't permanent
> > >>
> > >>Associated Press
> >
> > >>MALTA (AP) - One of the ivory-handled Colt .45s used by a
> > >>turn-of-the-century horse and cattle rustler is the center of a
> dispute
> > >>between the state and the family of the man who provided it to the
> Montana
> > >>Historical Society years ago.
> >
> > >>Jim Watkins, 78, says his father, Alfred Watkins, obtained "Dutch"
> Henry
> > >>Ieuch's revolver as a gift from Ieuch in 1905 and sent it to the
> historical
> > >>society in 1962.  A few months ago, Watkins decided it was time to
> > >>retrieve the pistol so it
> > >>could be displayed at the Phillips County Museum in Malta, but the
> > >state-run historical society won't return it.
> >
> > >>Administrators say the elder Watkins provided the pistol as a
> permanent
> > >gift, not a loan. They have suggested that the younger Watkins talk to
> the
> > >>society's board of trustees, which will meet on Jan. 13 in Helena.
> > >>"I just know Dad would've never given it away," Watkins said. "He
> wanted to
> > >>keep it in the family. It was such a prized possession to him it was
> > >>inconceivable to assume he would part with it permanently."
> > >>The Phillips County Historical Society and the Glasgow Chamber of
> Commerce
> > >>have formally voiced support for Watkins. State Rep. Sam Kitzenberg,
> > >>R-Glasgow, has written a strongly worded complaint to the state
> historical
> > >>society about how it has handled the matter.
> > >>The state's records indicate the gun was a permanent gift, but none of
> the
> > >>documents contains a statement or signature from Alfred Watkins to
> that
> > >>effect. "This item belongs, in our view, to the state of Montana, and
> you
> > >>can't
> > >>simply give away assets," said the society's director, Arnie Olsen.
> > >>"We want to do right by the family, but on the other hand we simply
> can't -
> > >>just because somebody asks for something - just take it out of the
> > >permanent collection and give it away."
>
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