Legal Question in Wills and Trusts in Idaho

establishing ownership of a rare book part 2

I wanted to add some more clarity to my previose question. My mother received a rare book from her mother ( my grandmother)while she was still alive. there is no written proof of this and the book did not go through probate. My mothers brothers and sisters (my aunts and uncles) know that she was left the book and are ok with that. The book has been in the family for abut 150 years. There are mentions of this book in family histories. Initially the the book belonged to a great great grandparent who willed it to her daughter and then wrote that she wished another dranddoughter of hers was to inherit it when her doughter died. ( thus saying not only who it should go to on her death but who it should go to after that persons death too!) One of those two people (inheritors) gave it to my grandmother, who was a cousin, ( my grandmother was also a direct descendant of the original owner). I really dought there is any written proof of her giving the book to her. It was nearly 100 years ago. My grandmother left the book to my mother before she died. Since this is mentioned in a family history of a family that was a cousin of my grandothers (all of us descendants of the original owner) they may stake a claim in book after 100 year


Asked on 4/27/08, 12:54 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: establishing ownership of a rare book part 2

Your situtation is an object lesson of the value of using written personal property deeds when valuable personal property is given from one person to another. The existence of and quality of evidence to prove that it was a gift and not a bailment will determine the outcome. The "dead man's" statute is an evidentiary rule that precludes testimony about the decedent's oral statements.

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Answered on 4/27/08, 9:33 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: establishing ownership of a rare book part 2

If your mother received a book as a gift, it's hers to give away. She is not obligated to keep it in the family. Sure others could claim some sort of right, but they wont get very far without substantial evidence to the contrary.

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Answered on 4/27/08, 2:32 am


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