I very much second the lesson and the warning in Wesley's email. We have
a very similar case that has been going on for years. The original
lender of an 18th c. painting died; the son tried to claim the painting
but died as well before anything was settled. Then the grandson came to
claim the painting. The story thus far covers three continents with
lawyers in two countries, and two versions of a will. 
The lessons we are learning: do not take anything on loan for an
indefinite or open ended period; stay in touch with the lender; do not
return anything to anyone without legally covering your every move. What
may seem as the right solution today, may come back to haunt you
tomorrow.
In the case of the original post (Mind you, I am not an attorney, and
don't claim this to be truth): if you do not have proper documentation
that you are now the owner of what was originally a loan, I would highly
recommend against disposing of it. Deaccessioning isn't even an issue,
because without proper transfer of title the object could not have been
accessioned in the first place.


-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of [log in to unmask]
Sent: Friday, September 07, 2007 12:35 PM
To: [log in to unmask]
Subject: Re: Deaccessioning

Good Morning All,
	Put a dozen museum collections folks, from a dozen different
museums -- into a room with a large pot of coffee and endless plates of
cookies (preferably chocolate chip...or, oatmeal cookies with raisins
and pecans)......and I will guarantee you an afternoon of horror stories
on such issues.
	Here is just one of many:	I know of a museum, many years
ago, which had, on long-term loan, a collection of Civil War artifacts
from a lender who died....and several years had transpired since the
lender's death.  At which point, the children of the deceased came forth
to "claim" the collection.  The museum's "excellent" staff asked to see
the probated will of the deceased, proving that the children were in
fact entitled to "claim" the collection.  The children said they didn't
have to "prove" to the staff their right to the claim the
collection....they were his kids!!!!  In fact, it was discovered by the
"excellent" staff that the deceased lender had two families (he was
divorced) and when the probated will was finally examined, the original
"children" (1st wife), who were "claiming the collection were NOT
bequeathed title to those Civil War artifacts.  Ironically, the deceased
lender gave those artifacts to the children of the 2nd wife.
Eventually, when the "excellent" staff contacted the "rightful" owners
of the collection (the children of the 2nd wife), they -- in turn --
happily transferred the title of that significant collection to the
museum.  The lesson of this is....be like the "excellent" staff and be
mindful of the details, do things legally, with care and
diligence.....and take your time.....and consult an attorney.
And remember that LOAN is a four letter word!!!!!...and if you are
trying to deaccession an old loan,...before you do....please invite a
dozen museum collections folks to come over to your museum....put on a
large pot of coffee and bring on the cookies......and......
I hope this helps....
Best Wishes and have a Wonderful Weekend!
Wesley
Wesley S. Creel
Administrator of Programs
Pink Palace Family of Museums
Memphis, TN 
www.memphismuseums.org
901.320.6370
	
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Zickuhr, Kristine
Sent: Friday, September 07, 2007 10:17 AM
To: [log in to unmask]
Subject: Re: Deaccessioning

I wouldn't consider a note by an employee enough to make it your
property.  Even if you can prove the daughter gave verbal permission,
you can't be sure it was hers to give.  The lender may have died and
left the property to someone else.  The lender may be alive and have an
ongoing dispute with the daughter.  The first step in obtaining clear
title is to be sure the donor has a legitimate right to give it away.
If you had the lender's word you'd have a stronger, though still not
solid, case.

The correct way to do this would be to follow abandoned property law.
It varies by state but typically involves publishing a notice in local
papers and waiting a period of 7-10 years.  After that time you can
claim it as your own and dispose of it. In the meantime you can go ahead
with removal from the permanent collection (you really shouldn't have
accessioned it without clear title either), but you'll still need to
physically maintain it.

Another alternative would be to try to contact the original lender or a
family member to verify that it was a donation.  The problem you'll run
into there is they'll want to know what you're up to and may be offended
if they learn you're getting rid of it.  

The best alternative is probably to treat it as a loan, contact the
original lender or legally entitled family member and return it.  It may
cause hard feelings but at least you'll be covering yourself.  

If you go ahead and get rid of it, you might be fine, but you might not.
You'd be surprised at how many donors and relatives pop up over the
years looking for their "stuff".  It's bad enough if you disposed of a
donation.  If they whip out paperwork proving it was a loan you'll have
all kinds of trouble. 

If you do decide to go ahead anyway, at least carefully document why
you're removing it and what exactly you're doing with it.  You'll be in
a better position if you can prove it was in extremely poor condition or
something like that.

Kristine Zickuhr
Registrar
Wisconsin Veterans Museum

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of George Harris
Sent: Friday, September 07, 2007 9:26 AM
To: [log in to unmask]
Subject: [MUSEUM-L] Deaccessioning

Hello,
I was wondering about deaccessioning objects from the permenant
collection
to be disposed of that were at one time an old loan.  There is a note
that
says the objects were made a gift by the daughter of the original
lender,
but no deed of gift or any other information indicating that they were
made a gift.  I was told at one time that a note like that from a
previous
employee is enough to make it the property of the museum and it is
alright
to consider it so.  Is this really the case or do you actually need a
deed
of gift or some other formal paper work to make it the museum's
property?

Thank you.

Beau Harris

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