Earle R. Koons
                                                            
         1/27/48
 
                  ESTATE OF FRANKLIN D. ROOSEVELT
                        M E M O R A N D U M
 
             Re: THE FRANKLIN D. ROOSEVELT PAPERS
 
         Because of the special body of law governing
letters, I have segregated the F.D.R. letters from the
other papers and files for discussion by the Trustees and
the formulation of a definite policy with respect thereto.
 
                                        THE LAW
                                      General Rule
 
           It is well established at common law that there
is a dual right of property to all letters, whether they
are business, familiar or literary. This dual right of property
arises out of the authorsip of the sender and the ownership
of the physical letter by the receiver (34 Am. Juris. '
14). The writer has an absolute right, in the absence of
special considerations, to publish when or as he chooses,
to withhold from publication altogether and to prevent
publication without his consent. The recipient, on the
other hand, has the unqualified right of physical
possession, use, enjoyment and transfer, without power to
publish except by consent of the writer or for
self-justification or vindication. All the authorities,
both English and American, are in accord on these
propositions.