Thomas Jefferson Handwritten Letter Returns to Rightful Owner
On Dec. 10, 1807, President Thomas Jefferson wrote a handwritten "circular letter" to the state legislatures of each state in the Union. One copy was directed to the legislature of New Jersey and in the last 200 years, that letter has been peacefully passed along in private hands. For years, it was owned by one of America's most prominent collectors of historical manuscripts and documents, Philip Sang.
In 1985, Mrs. Philip Sang sold the remainder of her husband's magnificent collection at public auction at Sotheby's in New York. The Jefferson letter was one of the items that sold to a prominent Massachusetts dealer. That dealer, in turn, offered and sold it to a prominent California dealer who in 1992, sold it to a Holland & Knight client.
Earlier this year, the client consigned the letter to be sold by Sotheby's in New York. This time, however, the state of New Jersey sent a letter to Sotheby's demanding that the piece be withdrawn on the grounds that New Jersey was the rightful owner of the letter. The piece was pulled and held by Sotheby's pending further notification or action.
The client consulted Holland & Knight about how to deal with the adverse possession by Sotheby's and the claims by New Jersey. Holland & Knight lawyers Patrick Sweeney, Marty Durkin and Chris Murdoch filed a lawsuit in New York State Court against Sotheby's claiming Sotheby's adverse (though unintended) possession of the valuable item. After extensive behind-the-scenes discussions, New Jersey delivered a letter to Sotheby's indicating that they would not pursue its claim at the present time in the Jefferson letter. With that letter, the issues of the lawsuit became moot, and Sotheby's has returned the Thomas Jefferson letter to the client. In just five short weeks, the objectives of the Holland & Knight client were achieved and this highly unique legal dispute was brought to a successful conclusion.
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