(N.B. This discussion has now moved from the museum-l listserv to the RCAAM
listserv, which is a members-only list and a benefit of membership in the
Registrars Committee of the American Association of Museums)

I think we need to remember that a signed Deed is not a legal requirement
for a gift to be complete.  All the law requires is that an offer be made,
accepted and that there be a transfer of property.  If you have a letter
from the donor (dead or alive) that says "I am giving you this widget" and a
letter from the Museum that says "Thank you for the wonderful widget" and
you have the widget, then your legal requirements are fulfilled.  Our
in-house museum policies and procedures may call for a signed Deed of Gift,
but the law doesn't.


Janice Klein
Registrar, The Field Museum
[log in to unmask]

At 09:14 AM 2/18/1999 -0500, you wrote:
>A neighboring museuem has a couple of accessioning questions. What do you do
>in the following situations?
>
>1. No deed has been returned for an object and efforts are unsuccessful to
>get one. Is the object "accessioned" regardless? Can the historical society
>dispose of the item because they don't have a signed deed?
>
>No the object should not be accessioned.  It will only create confusion in
>the future should the donor or heirs recall the object.  You should
>investigate abandoned property laws in Oregon which may provide recourse.
>To provide some protection for the future, you may want to include language
>in the Temporary Deposit Receipt that the donor signs (and receives a copy)
>when initially depositing the item for evaluation.  Since Ohio doesn't have
>an abandoned property law, technically we cannot claim ownership to
>abandoned gifts.  However, the language I've added to our Deposit receipt
>puts the donor on notice and demonstrates the museum's effort -- at least I
>hope so should it ever be tested.  I also send 'delinquent' letters to
>donors with a second copy of the Deed of Gift should they not return them
>after 8 months or so.
>
>Essentially, we've added the following to our Deposit Receipt:
>
> "Depositor is responsible for informing the Registrar of any change in
>address and telephone number while named objects are on deposit with CMC
>[Cincinnati Museum Center].
>
>Depositor is responsible for reclaiming the named objects upon notification
>by CMC that the gift offer is declined or that the exhibit/display is
>completed.
>
>CMC will make all reasonable efforts to return the named objects that are
>unclaimed by the Depositor.  If objects remain unclaimed within 60 days of
>written notice to the Depositor, CMC shall have the absolute right to place
>the objects in storage and to charge the Depositor regular storage and
>insurance fees.  If, after one year of written notification, named objects
>are still unclaimed, then, in consideration for storage, insurance, and
>safekeeping during such period, the objects shall be deemed an unrestricted
>gift to CMC.  Final disposition of the objects shall be determined by CMC.
>ft to the effect that unclaimed property will be subject to storage and care
>fees, will be considered an outright gift to the museum.
>
>
>2. The donor died before he/she returned the deed for an item. Does the
>historical society still own the item or can it dispose of it?
>
>No -- try to get the heirs to honor the "the intent" of the deceased.
>
>Jane MacKnight
>Registrar
>Cincinnati Museum Center
>1301 Western Avenue
>Cincinnati, OH 45203
>Tel: 513/287-7092
>Fax: 513/287-7095
>Email: [log in to unmask]
>
>