[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Deed of Gift



1/10/00

Dear Ms. Savits:

The deed of gift the Muskie Archives uses is worded in such a way that
neither the donor nor anyone else is required to be contacted if a
disposal or deaccession is deemed appropriate.  This case applies if
the donor checks the disposal option.  The donor may also choose to
have non-historical materials returned, and there is a blank third
option if the donor wants to negotiate some other arrangement.

In any case, no further permission is needed.

You are right that disposal can be a delicate issue, but it's even more
touchy to amend a disposal clause at a later date, after an original deed
has already been negotiated.

The Muskie Archives deed was cobbled together from the samples in the SAA
Forms Manual.

Christopher M. Beam
Director, The Edmund S. Muskie Archives
Bates College, 70 Campus Avenue
Lewiston, ME 04240-6018
(207) 786-6354, FAX (207) 786-6035
E-mail: cbeam@bates.edu
html://www.bates.edu/muskie_archives


>
> I agree that it is a good idea to have something in the Deed of Gift that
> gives the institute authority to dispose of items deemed non-historical.
> Unfortunately it can also cause a lot of misunderstandings because often the
> donor's perceive the "dispose of" to mean that the institute would throw
> away items willy-nilly. I had to calm many donor's anxieties.
> I also think you can get yourself in a sticky situation if you have it
> written in the Deed that you will contact the original donor before you
> dispose of any items. You must take into account, that if, for example, you
> decide to deaccession some materials 75 years after the donation, will you
> be able to find the original donors? How much time and effort must you put
> into tracking down the family if the owners have passed on?
>
> Renee Savits
> Private Papers Archivist
> Library of Virginia
> Richmond, Virginia
>
>
> -----Original Message-----
> From: Archives & Archivists [mailto:ARCHIVES@LISTSERV.MUOHIO.EDU]On
> Behalf Of Christopher Beam
> Sent: Monday, January 10, 2000 9:49 AM
> To: ARCHIVES@LISTSERV.MUOHIO.EDU
> Subject: Re: Deed of Gift
>
>
> 1/10/00
>
> Dear Ms. Salm:
>
> In addition to considerations such as transfer of literary property
> rights, an important -- I would say indispensible -- element in a deed of
> gift is a clause that the recipient institution has the authority to
> dispose of items in a donation that are deemed non-historical.  (The donor
> could choose whether to permit the institution to dispose of these at will
> or return them to the donor.)
>
> Inclusion of this will spare you a lot of trouble later on.
> Unfortunately, I know this from first-hand experience.
>
> I will send you under separate cover a sample deed the Muskie Archives
> uses.  The boilerplate on disposal, I think, is pretty standard.
>
> Sincerely,
>
>
> Christopher M. Beam
> Director, The Edmund S. Muskie Archives
> Bates College, 70 Campus Avenue
> Lewiston, ME 04240-6018
> (207) 786-6354, FAX (207) 786-6035
> E-mail: cbeam@bates.edu
> html://www.bates.edu/muskie_archives
>
>
>
> >
> > We have a donor who wishes to donate some books, journals, and plaques to
> > the University or Library.  At first, we thought the materials would go to
> > Special Collections, but now we think the books and journals should be
> > placed in the general collection of the library where they are more
> > accessible to patrons. The plaques will probably be placed in another
> > building here on campus. I'm sure the donor will want to acquire an
> > appraisor before the materials are donated.
> >
> > The question I have at the present time deals with what kind of written
> > document should be prepared for this type of transaction.  I am thinking
> > that a Deed of Gift or a Declaration of Gift (is there a difference
> between
> > the two?) would be useful if manuscripts, papers, photographs, etc. were
> > involved and the materials would be housed in Special Collections. Since
> > these types of material are not involved, what kind of written document
> > should be prepared? Would just a letter be sufficient, and if so, what are
> > some of the points that should be addressed?
> >
> > I would appreciate hearing any advice some of you would have who have had
> > past experiences in regard to this issue. If you wish, you may respond to
> > the list or email jSalm@fhsu.edu. My mailing address is Judith
> Salm/Forsyth
> > Library/600 Park Street/Fort Hays State University/Hays, Kansas 67601.
> > Thanks so much--Judy
> >
> > A posting from the Archives & Archivists LISTSERV List!
> >
> > To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
> >       In body of message:  SUB ARCHIVES firstname lastname
> >                     *or*:  UNSUB ARCHIVES
> > To post a message, send e-mail to archives@listserv.muohio.edu
> >
> > Or to do *anything* (and enjoy doing it!), use the web interface at
> >      http://listserv.muohio.edu/archives/archives.html
> >
> > Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>
> >
>
> A posting from the Archives & Archivists LISTSERV List!
>
> To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
>       In body of message:  SUB ARCHIVES firstname lastname
>                     *or*:  UNSUB ARCHIVES
> To post a message, send e-mail to archives@listserv.muohio.edu
>
> Or to do *anything* (and enjoy doing it!), use the web interface at
>      http://listserv.muohio.edu/archives/archives.html
>
> Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>
>
> A posting from the Archives & Archivists LISTSERV List!
>
> To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
>       In body of message:  SUB ARCHIVES firstname lastname
>                     *or*:  UNSUB ARCHIVES
> To post a message, send e-mail to archives@listserv.muohio.edu
>
> Or to do *anything* (and enjoy doing it!), use the web interface at
>      http://listserv.muohio.edu/archives/archives.html
>
> Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>
>

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>