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