King v. Trustees Of Boston University,

647 N.E.2d 1196 (1995)

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Nature of the Case

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Facts

In 1963, D commenced plans to expand its library's special collections. Dr. Howard Gotlieb began his efforts to obtain Dr. King's papers. Dr. King, an alumnus of D's graduate school program, was one of the first individuals D officials sought to induce to deposit documents in the archives. Dr. King was approached regarding his papers by other universities, including his undergraduate alma mater, Morehouse College. P testified that, although her late husband thought D seemed to be the only place, the best place, for safety, he was concerned that depositing his papers with D would evoke criticism that he was 'taking them away from a black institution in the South. The volatile circumstances during the 1960s in the South led Dr. King to deposit some of his papers with D pursuant to a letter. The letter named D the Repository of King's correspondence, manuscripts, and other papers, along with a few awards and other materials which may come to be of interest in historical or other research. King retained ownership and absolved D of any liability for damages. King also stated that each year he would indicate which portions become the absolute property of D. In the event of King's death, they were to vest in D. The issue at trial was whether there was a charitable pledge of the papers to D and whether the pledge was supported by reliance by D. The jury found for D under a charitable pledge and P appealed.