Request By:
Mr. Charles C. Pittenger, Jr.
Registrar
Kentucky Historical Society
Old State House
P.O. Box H
Frankfort, Kentucky 40602
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Guy C. Shearer, Assistant Attorney General
We received your letter dated October 18, 1978, relative to the signet ring of Governor Morehead which was "presented" to the Kentucky Historical Society by Miss Elizabeth Coombs of Bowling Green, Kentucky on August 16, 1973. Your letter was also accompanied by a copy of Miss Coombs' written statement of "presentation" which clearly authenticated the genuineness, ownership and history of the ring. The only reservation and stipulated condition upon which the "presentation" was made was that it was to be placed "with the relics of Governor Charles Slaughter Morehead, 7-7-1807-1868" which were gifts to and are now the property of the Kentucky Historical Society.
The expressed and implied terms of the agreement of the Society's acceptance was that it be kept with the Society's other Governor Morehead relics; it was upon such expressed terms, consent and consideration that the competent parties (the Society and Miss Coombs) entered into the specific contract and the Society became the owner rather than the custodian of the signet ring. The agreement made no specific mention that it was to be considered merely a loan subject to a recall or return to the donor upon Miss Coombs' request. Apparently the Society has fully abided by the terms of the agreement with Miss Coombs. It is our opinion that the Society is now vested with the title to the signet ring.
This office has repeatedly admonished the Society to give a dated, written receipt, a copy of which should be retained by the Society, stipulating the terms and conditions upon which an article is accepted as a loan and is left in the custody of the Society.
In case of gifts the Society should give the donor a written receipt describing the article and stipulating that the article is a permanent gift when the presentation is made and the article is accepted.
This office at the Society's request in OAG 76-328 (a copy of which is enclosed) which by reference made OAG 69-563 (a copy of which is also enclosed) a part thereof, and both copies of which this office makes a part hereof, set out the guidelines to be followed by the Society in locating and returning to the lenders articles before disposing of them.
In those opinions we also advised you as to your responsibility to relatives of deceased lenders who died leaving loaned property in the Society's custody.