Dana,
Jeff's right about the five year clause, but it sounds as though you are
already aware that has problems.  The lender would have had to sign an
agreement to that effect to have it possibly hold up. But then you have the
issue of public relations....

As to the main question, it seems as though this is a time for both finesse
and candor, with the lender (or heirs) and family. I'm not a lawyer, but I
worked with dozens of old loan problems at a former museum. It seems that
first, if the lender is no longer alive, you'll have to find out who was
executor of the estate, and/or who heirs or remainder heirs are. When you
find them I'd suggest approaching them fairly low key, as if it's part of a
routine 'clear out old loans' effort, or you might put someone on high alert
that their item is extremely valuable which could scuttle your chances.

Then perhaps you could share with them your enthusiasm about the historic
value of the item and tell them you're thinking of using as a 'featured
symbol' (or whatever, but to say -"marketing tool" might seem a little
crass).  Explain that you'd like their permission to do that, and "oh by the
way if you would agree to finalize it as a donation we'd be able to put your
name as donor."  You should be candid about the 'new' standard museum
practice for museums to have clear title to their collections and you hope
they understand the historic value to the community and that it would be so
wonderful if the item could be held permanently in a public repository for
the enjoyment and appreciation of generations to come.... ya da ya da....
(Another part of the persuasion might be to note how the original lender
wanted it to be where it could be appreciated by all....)  and so on.

Make their family history seem important and of value, and unless they are
unconscious about history and only see dollar signs (if it also has monetary
value), or unless multiple heirs totally disagree, you can probably manage
to snag the donation or at least work out something everyone is comfortable
with.... the bottom line is to set up a new understanding for all concerned
so you don't have to worry about the item suddenly being whisked away.  That
said however, a solution with some permanence, even if it means biting the
bullet and returning the item or getting them to sign a new loan form with a
five or ten year contract, is in the best interest of your institution.

Lucy Sperlin
Butte County Historical Society
Oroville, CA 




-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Tenuth, Jeff
Sent: Monday, March 01, 2010 11:31 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Ownership dilemma

The first thing you might want to do is check with your statewide museum
organization and see if you have an abandoned property law.  If one exists
in your state, it may provide you with how you can legally take possession
of the object after providing proper notice of intent in a local newspaper
or other medium.  I don't think your internal policy of permanently
acquiring the object after five years would hold up in a court of law if the
family requested the return of the item in question; especially if your
museum never responded to the lender's request for confirmation of the loan.


Jeff Tenuth
Indiana State Museum
Indianapolis, Indiana
   

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Dana C. Street
Sent: Monday, March 01, 2010 12:24 PM
To: [log in to unmask]
Subject: [MUSEUM-L] Ownership dilemma

Hello all,

We have an item in our collection which has great historic value and which
we intend to use as a marketing tool.  In reviewing our accessions records
we find that the object was only loaned to us back in 1948 and as far as we
know was not otherwise given to us as an official gift to the collections.
We do have a letter from the donor from 1958 requesting a letter from the
Museum confirming that this item was only given as a loan, in the event that
any future family members may wish to repossess the item.  Unfortunately we
do not have a copy of the requested letter if it was written.  There are a
few family members living in the community and some feel that it is time to
approach them 
about the situation but are unsure of just how to proceed.   I should 
note that our current collections policy states that items loaned to the
Museum become permanent gifts to the collections after a period of five
years (unless other arrangements have been made) - a scary thought in
itself!  But this was undoubtedly not the case when the item came to us in
1948.  Has anyone had a similar experience who would be willing to share or
give some guidance on this?

thank you,
Dana Street
-- 

Dana C. Street
Curator
Martha's Vineyard Museum
PO Box 1310  59 School St.
Edgartown, MA 02539
508.627.4441    ext.111
[log in to unmask]

www.mvmuseum.org

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