Locke Collection Disposition: Telephone Conversation with Ben Siracusa Hillman, with the firm of Shaheen Gordon, PA, Attorneys at Law

Trustees in attendance: Pam Troccia and Ann McEntee; Kate Thomas, Library Director

We discussed four possible outcomes for the Collection with Mr. Hillman:

• The Library divests itself of the Collection in its entirety and puts it up for public auction.
• The Library draws up a contractual agreement with a museum or academic institution that would be willing to accept the Collection in its entirety as a “permanent loan” from the library and town of Fitzwilliam.
• The Library donates the Collection in its entirety.
• The Library places the Collection on display for the edification of the local community and other visitors (original intent of the gift).

The Locke Collection was accepted as a restricted gift. The Donor gave the Collection to the Library with the understanding that it would be displayed in a location protecting the items “where moth and rust will not corrupt” and where it “can be seen but not handled.” Moving forward with any of the possible divestitures would require the issuance through probate of a variance to the Donor’s wishes. In order to secure the variance, the Library Trustees would have to prove that it was “impractical, impossible, illegal, obsolete, ineffective or prejudicial” for them to display the Collection. If the decision to divest was unopposed by the NH Charitable Trust, descendants of the Locke Family or other interested parties, then the process would move forward and require a public filing, followed by a single hearing in which offers of proof of one of the conditions were heard. A decision would then be rendered, which could be favorable or unfavorable. The cost of such action: $15,000 to 30,000.

If one of these divestitures was contested, the process becomes much more complicated and costly. In addition to the filing, evidence through deposition and a formal trial will be necessary. The cost of such action could easily rise to the upper five figures.

While loaning the Collection permanently would be the easiest of the three possible divestitures, that option would require legal action as explained in the previous paragraph. It would also incur the additional cost of drawing up a formal agreement with the institution that was to receive the “loan.”

After a preliminary discussion with Tom Donovan, Director of NH Charitable Trusts, Mr. Hillman stated that efforts to divest the Library of the Locke Collection would be strongly contested.

The Trustees intend to display the Collection to honor their fiduciary responsibility to the Library and the Township.