1. Private Letters Written in Longhand or of Which
No              Copies Were Retained by F.D.R. in the Files
Given toe              the Library, or Otherwise Disposed
of.
 
       A typical example of this type of letter is one
written in longhand by F.D.R. to one of his children 
and still retained by such child or his transferee. 
In view of the foregoing discussion of the law governing 
private letters, there would seem to be little or no 
question but that the Estate retains the exclusive 
publication rights. This right, as previously pointed out, 
is a naked property right which does not depend on any 
other considerations such as literary value or the 
protection of the good name of the decedent, and 
irrespective of any asset or monetary value.
The representatives of the Estate have the exclusive right
to publish such letters or to grant or withhold the right
of publication to others, either with or without
consideration. They have the right to enjoin any
unauthorized publication thereof.
 
           The only argument against the foregoing
conclusion is that F.D.R. intended to and did dedicate to
the public all rights to his letters, including the
intangible property right attached to those letters of
which he had no copies or other evidence of physical
ownership. While it is true that F.D.R. voluntarily
surrendered most of his right to privacy, and did dedicate
himself to the public to a large degree, it seems
improbable that anyone would seriously contend that he gave
up every incident of his right to privacy and the
privileges that go with it. In all of his public statements
concerning his plan for the final disposal of his papers, 
President Roosevelt always spoke of
the transfer to the Library of tangible papers in his
possession.
 
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