R
RTFRAZ
Guest
THE BACK GROUND:
In 1978, my mother was assisting a former guardian prepare a garage sale prior to her move from Ohio to North Carolina. In appreciation for her help, she gave to my mother some possessions originally intended for the garage sale, amongst these items a German student violin crafted in 1914.
I was employed at the time as this lady’s groundskeeper. Although I did not witness the actual conversation leading to this bestowment of gifts, I was witness to my mother's original possession of these items and her conversations with my immediate family members regarding the manner in which she acquired these household items. I was 17 at the time and lived with my family full time.
THE UPDATE:
This violin was stored, unused, in an attic by my mother until 2001, when she presented the violin to my daughter (her granddaughter) as a birthday gift, knowing that she was a violin student and in need of a full-sized violin.
Later in 2001, 23 years after giving my mother this violin, the former guardian, now in her mid-80's, asked my mother for return of the violin, which had originally belonged to her late Uncle. My mother explained, in the presence of the lady’s daughter, that she had already passed it on to my daughter. The lady's daughter, at that time, took my mother's side of the argument, and the former guardian at the time supposedly relented.
Despite this acquiescence, my mother was accosted on future occasions about the return of the violin, until I personally intervened because she had been diagnosed with breast cancer and these demands were upsetting to her.
I contacted the guardian's daughter in late 2001 to discuss the matter. My position at the time was that I would be willing to sell her the violin for the cost I paid out for its refurbishment plus compensation to replace the violin with a like quality violin (based upon the professionally appraised value of the restored instrument).
I did offer to send to this lady her uncle’s personal possessions that were part of the violin package – but not the violin itself - plus the violin case, none of which were of use to us. The daughter contacted me that same day – within 30 minutes of the original conversation - to say that her mother did not wish to force my daughter to part with the violin, and that she appreciated my offer to send the personal possessions.
I sent the case and personal belongings (wallet, handwritten music, etc) to this lady in late January via USPS Priority mail. Per the daughter’s request as a keepsake of my daughter’s use, she asked that we tell her all about my daughter’s interest in music; we did so plus sent a photograph of my daughter plus videotape of my daughter playing the violin.
THE SITUATION AS IT STANDS NOW
This weekend I received via certified mail a nastily-worded, threatening card from this woman that informed me that a) we have never had the right to possess this violin b) that the violin has now been registered as part of her Trust, and as such, it was her personal property and it was to be returned to her immediately, and c) Any costs incurred to refurbish the violin, of the cost of replacing the violin with a like quality violin were of no concern to her and no compensation to me or exchange of violin for my daughter would be offered.
It was her claim that the violin was a loan to my mother only. Circumstances in her letter justifying her demands and her alleged 'proof' of the circumstances behind this 'loan' are easily refuted, as this lady has juxtaposed family events that occurred a decade AFTER the gift as the basis of the loan, and as such do not jibe with the reality of the calendar dates of the original endowment.
This lady, her daughter and son-in-law are very affluent. We are of modest means. Given the harsh manner of her letter, we need to prepare ourselves in the event that this dispute proceeds further.
We have no intention of returning this violin back to her despite her demands and false claims. The earlier offer to provide this violin to her in exchange for reimbursement of the restoration cost plus replacement with a like-valued violin is withdrawn in light of this vicious attack on the integrity of my family, and the fact that my daughter has an emotional attachment to this violin. We are no longer interested in offering the violin under any circumstance.
We also suspect that, despite this lady telling her daughter (both to my mother as well as to me in the phone conversation I had in November) that she did not want the violin back, she is now continuing this vendetta without their knowledge. Despite her demand not to involve her daughter and son-in-law in this dispute, I am tempted to send a copy of this card to them as part of a possible cease-and-desist letter from an attorney to let them know (if they don't know already) what this nut is up to.
The original gift was passed along to my mother in Cuyahoga County, Ohio in 1978. The former guardian and her family now live in Asheville, North Carolina. My mother still resides in Lake County, Ohio. I live with my family in the greater Phoenix, AZ area. I have no idea as to where the jurisdiction of this three-state debate will ultimately end up.
AND NOW, THE QUESTION:
WHAT ARE OUR RIGHTS IN THIS DISPUTE SHOULD THIS LADY, OR HEIRS OF THIS LADY ATTEMPT TO RECOVER THIS VIOLIN FROM US AS A RESULT OF INCLUDING THIS VIOLIN IN HER TRUST?
Aren't there legal precedents regarding abandonment of property, possession being 9/10 of the law, harassment, etc. applicable? This lady's story about a loan is clearly a fabrication and she has nothing in writing, prior to this card written in 2002, that suggests that such an agreement ever existed.
Any opinions, directions to what type of attorney should be secured to set this whack-job straight, etc. would be appreciated to [email protected]
In 1978, my mother was assisting a former guardian prepare a garage sale prior to her move from Ohio to North Carolina. In appreciation for her help, she gave to my mother some possessions originally intended for the garage sale, amongst these items a German student violin crafted in 1914.
I was employed at the time as this lady’s groundskeeper. Although I did not witness the actual conversation leading to this bestowment of gifts, I was witness to my mother's original possession of these items and her conversations with my immediate family members regarding the manner in which she acquired these household items. I was 17 at the time and lived with my family full time.
THE UPDATE:
This violin was stored, unused, in an attic by my mother until 2001, when she presented the violin to my daughter (her granddaughter) as a birthday gift, knowing that she was a violin student and in need of a full-sized violin.
Later in 2001, 23 years after giving my mother this violin, the former guardian, now in her mid-80's, asked my mother for return of the violin, which had originally belonged to her late Uncle. My mother explained, in the presence of the lady’s daughter, that she had already passed it on to my daughter. The lady's daughter, at that time, took my mother's side of the argument, and the former guardian at the time supposedly relented.
Despite this acquiescence, my mother was accosted on future occasions about the return of the violin, until I personally intervened because she had been diagnosed with breast cancer and these demands were upsetting to her.
I contacted the guardian's daughter in late 2001 to discuss the matter. My position at the time was that I would be willing to sell her the violin for the cost I paid out for its refurbishment plus compensation to replace the violin with a like quality violin (based upon the professionally appraised value of the restored instrument).
I did offer to send to this lady her uncle’s personal possessions that were part of the violin package – but not the violin itself - plus the violin case, none of which were of use to us. The daughter contacted me that same day – within 30 minutes of the original conversation - to say that her mother did not wish to force my daughter to part with the violin, and that she appreciated my offer to send the personal possessions.
I sent the case and personal belongings (wallet, handwritten music, etc) to this lady in late January via USPS Priority mail. Per the daughter’s request as a keepsake of my daughter’s use, she asked that we tell her all about my daughter’s interest in music; we did so plus sent a photograph of my daughter plus videotape of my daughter playing the violin.
THE SITUATION AS IT STANDS NOW
This weekend I received via certified mail a nastily-worded, threatening card from this woman that informed me that a) we have never had the right to possess this violin b) that the violin has now been registered as part of her Trust, and as such, it was her personal property and it was to be returned to her immediately, and c) Any costs incurred to refurbish the violin, of the cost of replacing the violin with a like quality violin were of no concern to her and no compensation to me or exchange of violin for my daughter would be offered.
It was her claim that the violin was a loan to my mother only. Circumstances in her letter justifying her demands and her alleged 'proof' of the circumstances behind this 'loan' are easily refuted, as this lady has juxtaposed family events that occurred a decade AFTER the gift as the basis of the loan, and as such do not jibe with the reality of the calendar dates of the original endowment.
This lady, her daughter and son-in-law are very affluent. We are of modest means. Given the harsh manner of her letter, we need to prepare ourselves in the event that this dispute proceeds further.
We have no intention of returning this violin back to her despite her demands and false claims. The earlier offer to provide this violin to her in exchange for reimbursement of the restoration cost plus replacement with a like-valued violin is withdrawn in light of this vicious attack on the integrity of my family, and the fact that my daughter has an emotional attachment to this violin. We are no longer interested in offering the violin under any circumstance.
We also suspect that, despite this lady telling her daughter (both to my mother as well as to me in the phone conversation I had in November) that she did not want the violin back, she is now continuing this vendetta without their knowledge. Despite her demand not to involve her daughter and son-in-law in this dispute, I am tempted to send a copy of this card to them as part of a possible cease-and-desist letter from an attorney to let them know (if they don't know already) what this nut is up to.
The original gift was passed along to my mother in Cuyahoga County, Ohio in 1978. The former guardian and her family now live in Asheville, North Carolina. My mother still resides in Lake County, Ohio. I live with my family in the greater Phoenix, AZ area. I have no idea as to where the jurisdiction of this three-state debate will ultimately end up.
AND NOW, THE QUESTION:
WHAT ARE OUR RIGHTS IN THIS DISPUTE SHOULD THIS LADY, OR HEIRS OF THIS LADY ATTEMPT TO RECOVER THIS VIOLIN FROM US AS A RESULT OF INCLUDING THIS VIOLIN IN HER TRUST?
Aren't there legal precedents regarding abandonment of property, possession being 9/10 of the law, harassment, etc. applicable? This lady's story about a loan is clearly a fabrication and she has nothing in writing, prior to this card written in 2002, that suggests that such an agreement ever existed.
Any opinions, directions to what type of attorney should be secured to set this whack-job straight, etc. would be appreciated to [email protected]
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