The Importance of Family Stories: The Fable of Jack and Jill

This is a "lost" post, originally intended for publication on Wednesday, 28 November 2007. It was discovered in the "Draft" file on Wednesday, 31 May 2017 (a mere nine and half years late!).

I know two young persons who are about to get married. For the sake of this story, let's call them Jack and Jill [certain other personal identifying information has also been changed to protect the privacy of individuals. Dates and places of genealogically significant events have not been changed.] They live somewhere in the United States of America. Jack, 32 years old, is an assistant professor at a well-known university. Jill, also 32, is a chemist for a small private company.

Jack identifies himself as an African-American. Most people would call Jill "Caucasian" or "white."
But if you know her, you get the impression she doesn't spend a lot of time concerned about "what" she is in these terms. And therein lies the root of Jack and Jill's "problem" as they approach their wedding day. Jill, it seems, has some relatives who are glad she's getting married; but that her fiance is a black man, well, not so much. Some of the objections have been so intemperate that Jill after much angst, has decided not to invite certain relatives to the wedding.

Jill had thought that if only her relatives got to know Jack as a person, they might see things differently. That hasn't worked because they aren't interested in getting to know him. But suppose her relatives knew what I know about their family history . . . .

Jill knew of my interest in genealogy and awhile ago, she asked me to help her learn something about a relative, now deceased, that her mother had mentioned. Here's what I discovered as I pursued that mission:

Jill's mother's maiden name is German. Jill's great-great-grandfather, Johannes R., came to New York from Bavaria in 1847. Johannes settled in Queens and married another German immigrant. Their son, also named Johannes, also married another German immigrant. A third Johannes was born of this marriage.

Johannes III left New York when he entered the service during WWII. After the war, Johannes III ended up in Texas where he met and married Conseulo G. Conseulo was the daughter of Cristiano G., who was born in Mexico but crossed the border at will and maintained a residence in Texas and in Mexico. Jill's mother, Barbara, is the fourth child of Johannes and Conseulo.

Jill's paternal great-great-grandfather was Pedro M., born in Cuba in 1866, the descendant of African slaves. He married Maria, whose paternity is unknown, in Puerto Rico in 1890. In 1905, Pedro and Maria moved to Hawaii. In Hawaii, Pedro and Maria raised their sons, including Ricardo M., who was to become Jill's great-grandfather. Ricardo married Victoria S., whose family had immigrated to Hawaii from the Philippines. Victoria's family was of the Ibanag people. In 1920, Ricardo and Victoria had a son, Estaban. Soon thereafter, Ricardo moved his family to California. In California, Estaban grew up and met Anna T., whose family had come from Mexico. Anna had been born in Mexico. Estaban and Anna married and in 1945, had a son which they named Stephen. In 1966, Stephen met Barbara R. and they were soon married. Jill is their only child.

Suppose Jill's recalcitrant relatives knew their own family history. Would they behave differently toward Jack? I suggest that it really takes something more than just the facts. That is a knowledge of family stories that makes the names come alive for them. If they knew Grandpa Pedro through family stories, they might feel as if they really knew him.

Jack and Jill were married in 2007 and today are the happily married parents of two children.

U.S. Surgeon General's Family History Initiative

Perhaps three or four years ago, the U.S. Surgeon General launched a "Family History Initiative." I first came across it a few weeks ago. The Surgeon General's Website says this:

Health care professionals have known for a long time that common diseases - heart disease, cancer, and diabetes - and even rare diseases - like hemophilia, cystic fibrosis, and sickle cell anemia - can run in families. If one generation of a family has high blood pressure, it is not unusual for the next generation to have similarly high blood pressure. Tracing the illnesses suffered by your parents, grandparents, and other blood relatives can help your doctor predict the disorders to which you may be at risk and take action to keep you and your family healthy.

To help focus attention on the importance of family history, the U.S. Surgeon General in cooperation with other agencies with the U.S. Department of Health and Human Services has launched a national public health campaign, called the U.S. Surgeon General's Family History Initiative, to encourage all American families to learn more about their family health history.

It goes on to say:

Americans know that family history is important to health. A recent survey found that 96 percent of Americans believe that knowing their family history is important. Yet, the same survey found that only one-third of Americans have ever tried to gather and write down their family's health history.

So, of course, to capitalize on the rising popularity of family history research and "[b]ecause family health history is such a powerful screening tool," the government came up with its own
family [health] history software, "to help make it fun and easy for anyone to create a sophisticated portrait of their family's health."

The software, which is also available in a web-based version, is called My Family Health Portrait. As genealogical software, it ain't great. It appears to allow you print two reports, the ones displayed here:

Above: Text-only Report
Below: Graphic Report
(Click on images to enlarge)

(Note: the family depicted above is entirely fictitious. Any resemblance to actual persons is coincidental and unintentional.)

Is this as the government claims, a useful tool? Probably. And you could probably get the same info by customizing a report from your usual genealogical software. But for those not into genealogy, this tool may have two uses: first, it will help them trace family health issues and second, it may interest them further in genealogy.

Link:
The Surgeon General's Family History Initiative

More Jamboree

BURBANK, Calif.--The highlight of Friday at the SCGS Jamboree was the banquet with keynote speaker Megan Smolenyak Smolenyak. Megan, who's know to everybody in the genealogy world, spoke on "Right Annie, Wrong Annie--Annie Moore of Ellis Island," an absolutely riveting and poignant story of correcting the historical record about the first immigrant to arrive at Ellis Island in 1892.

The background: When Ellis Island opened in 1892, there was a ceremony to welcome the first immigrant off the S.S. Nevada. That ceremonial immigrant was an Irish girl named Annie Moore from County Cork. She arrived with her two brothers, Philip and Cornelius, to join their parents who were already in America. Upon arriving she was given a $10 gold piece to commemorate the occasion. Then she and her brothers disappeared into the teeming streets and tenements of New York.

As Ellis Island was being renovated in the late 1980's, interest in Annie Moore was renewed and efforts made to find out what became of her. One elderly lady whose mother had been named Annie Moore came forward with "the rest of the story." Annie, it seems, had married and moved to Texas. And that was the story the media and two countries accepted. Except Megan.

Working on a PBS documentary at the time, Megan researched the matter and concluded that the "Annie" everybody else was celebrating was the "wrong" Annie. For one thing, she had been born in Illinois, not Ireland! Megan did not know what happened to the "right" Annie, but she was confident that she probably had not moved to Texas!

After several years of grousing about the matter, Megan eventually decided to take action. She offered a prize of $1000 for anyone finding the "real" Annie Moore. What followed was an amazing effort by genealogists and others to solve this historical mystery. Marshaling this evidence, Megan found the descendants of the "right" Annie, some of whom knew, some of whom had no idea, about their ancestor.

Megan's presentation was enhanced by a multimedia show that was outstanding. This was one not to have missed. Some elements of it are at this link on Roots Television, including the incredible film produced by a class of 11 year-olds in Ireland, called From Cork to New York: The Annie Moore Story.

Megan's story of the search for Annie Moore may be the single most interesting discussion of solving an historical mystery that one may ever hear.

Light Moment: As such things go, there were some problems with the microphone. Megan tried to solve the issues by moving the lapel mike from one spot to another on her blouse. That seemed to work until she suddenly stopped and announced, "My mike just slid into my pants! . . . Actually, kind of an interesting sensation!"

Learn more about Annie Moore at the Annie Moore Memorial Project.

Catholics, Mormons at Odds Over Genealogical Records?

Well, a day has come that I hoped would not. Kimberly Powell reports that the Vatican has ordered Catholic dioceses not to allow access to their records for microfilming or digitizing. Here are my sudden and unorganized thoughts:

1. As both of my regular readers know, I am a Catholic, and there are a number of Catholics in the GeneaBlogosphere, including Kimberly Powell, Jasia, and Donna Pointkouski, to mention just a few.
   
2. I don't think any Catholic blogger or genealogist has ever denigrated the LDS faith. Indeed, most of us are quite grateful for the tremendous service the Mormons have provided us and everyone.
3. The LDS Church has been more than generous in sharing their extremely costly research endeavors with the world at little or no cost. I would hope that my church, had it been in their shoes, would be as magnanimous. In fact, what the Mormons have done is downright Christian.
4. Catholics and our faith are actually strengthened in a way by knowing and understanding our past and appreciating our ancestors. Curiously, we have the Mormons to thank for that.
5. Of course, there are fundamental doctrinal differences between the two churches that might never be bridged. But we can still practice charity toward each other.
6. In the comments to Kimberly's report, I detect some strong animosities towards both Catholics and Mormons. Let's not go there. We each as groups and individuals have had enough persecution for our beliefs.
7. I rarely have been as excited as I was a few weeks ago when I discovered that the LDS-affiliated FamilySearch Labs had digitized and placed on-line the records of the Catholic Diocese of Bellevile, Illinois. I found a treasure trove of information about the Micheau family that I'm researching. I, for one Catholic, am very grateful for the LDS efforts.
8. I can appreciate my LDS friends without endorsing or condemning their faith. Please no comments about the theology of that statement.
9. If the Mormons want to claim some of my family as theirs, I'm not offended.
10. All being said, this is a most unfortunate turn of events for all. When it comes to genealogy, we all need each other.
    

African-American Lives 2 Premieres Tonight

The second series of Henry Louis Gates, Jr.'s African-American Lives premieres tonight at 9:00 pm on most PBS stations. This is a "must-see" for all genealogists and family historians--all families for that matter. Check local listings for exact times.

One Drop

A GeneaBlogie Book Review

Bliss Broyard grew up in the wealthiest part of Fairfield, Connecticut, one of the wealthiest communities in the nation. She lived a life of privilege as one of two children of New York Times book critic and essayist Anatole Broyard. Her handsome, witty father was well-known in literary and social circles. But Bliss would find out that he was really unknown to her.


She always thought there were hidden things in her house and family, Bliss did. As a youngster, Bliss would search the house for evidence of secrets she had a feeling were there. And then there were the questions. Why did she seem to have so few relatives on her father's side? Why did she never see those few relatives, though they lived not far away? Why did she not know about her grandmother's death until nearly nine months after it happened? And just whose ashes were in those cardboard boxes in her father's closet?

As Anatole Broyard lay dying of cancer in 1990, his wife urged him to reveal his secret to his children. Anatole demurred and deferred despite his family's entreaties. Finally, two days before her husband passed away, Sandy Broyard told daughter Bliss and son Todd the secret: "Your father is part black."

This stunning revelation sent Bliss Broyard on a genealogical and historical journey of personal self-discovery and quest to find her father's true ancestry. She chronicles that journey in One Drop: My Father's Hidden Life--A Story of Race and Family Secrets (Little, Brown & Company, 2007; 514 pp.; available at Amazon.)

This crisply written book is deep in history and genealogy as Bliss travels to New Orleans, Los Angeles and New York City to find her relatives. She uncovers the unique social history of French and Spanish Louisiana where, at least early on, planters walked about openly with their slave mistresses and children. She finds the descendants of French soldier Etienne Broyard, people united in family but divided by race. She worries first how her black relatives will accept her, and then what her white relatives will think of her.

She comes to understand the pressures that led her father's parents and other relatives to "disappear" by "passing for white."

The book's rich historical narrative goes to prove my favorite aphorism that all history is personal. Bliss discovers, among other things, that her family played a role in one of the most significantly notorious decisions of the United States Supreme Court. Her ancestor Paul Broyard, a "colored Creole," was one of the Louisianans who set up the test case of Plessy v. Ferguson (1898). In that case, the Supreme Court upheld the segregationist principle of "separate but equal." This case validated the Jim Crow laws of many states. That had not been the desired outcome for Paul Broyard and his comrades. The Court would overrule Plessy half a century later in Brown v. Board of Education (1954).

Bliss Broyard sets out the social and legal background that gave rise to Plessy and shows us the inside details of the case.

As she discovers historical and genealogical facts, Bliss wrestles with the question, "Who am I?" Both her white relatives and her black relatives tell her, "You're Bliss." But this is not an easy adjustment. She remembers having told racist jokes about black people. Some of her black relatives question her motives and remind her of her wealthy, privileged life. Some of her white relatives deny that there are any black members of the family.

Key to Bliss Broyard's journey is an understanding of the multiracial Creole culture of Louisiana. That culture as it historically had existed, came crashing down by the 1920's, in large part due to Jim Crow.

Ultimately, Bliss brings her family together and learns lessons about race and family that few of us will ever learn. She comes to appreciate "the complexity and responsibility of legacy," as she and her husband, a Sephardic Jew with roots in Spain, Greece and Turkey, contemplate parenthood. All of her explorations bring her closer to her Norwegian-American mother.

One Drop is everything a genealogical narrative ought to be--historical, cultural and personal. It traces the history of Louisiana from pre-European times to post-Hurricane Katrina days. There is an afterword that discusses Bliss's DNA explorations. In short, every genealogist will find something of interest here.

Bliss Broyard is one of twelve individuals whose ancestry is examined in the second series of Henry Louis Gates' acclaimed program, African American Lives. The new series comes to PBS starting Wednesday, February 6, 2008. Check local listings for exact times.

On the Hunt

I have a number of posts in draft but not quite done. I've been obsessively tracking down a new lead on an ancestor--that's used up my time. We'll get caught up on some interesting blog stuff this weekend.

"We're Not Related . . . ."

I was listening to a news story about two government officials with the same surname. The news reader ended the piece by saying, "The two men are not related."

How often have you heard that? Or how often have you said "Oh, we're not related?"

Consider what that phrase might mean:

1. "We know we're not siblings."

2. "We don't think we're related (but we really don't know)."

3. "We doubt that we're related and we really aren't interested enough to find out."


A few years ago, I met a man whose surname was one of my family surnames. We joked that we might be related. Then as we compared and shared a bit of information about where our families were from and who they were, it became apparent that we likely are related. That was before I began studying genealogy in earnest. Now I have a great deal more information and I'm certain that he's a cousin. So now, how to broach that topic with him?

Well, that provides a good segue to the 40th Carnival of Genealogy which Jasia has just posted at Creative Gene. [Having resolved to contribute often to the Carnival, I missed this deadline as we got to school for the spring semester!]. The topic of the Carnival is "Finding Living People." A number of the Carnival's regulars and some interesting newcomers talk about meeting new kin as a result of their genealogical adventures.

I've had that experience, too. One of the first people I ever contacted was Steve Bowie, a third cousin. Our common ancestors are John Wesley Bowie (1845-1926) and Amanda McCray Bowie (1848-1924). Of course, contacting Steve was not anxiety-producing because he's done the research on the site James Bowie, Free Man of Color.

On the other hand, I was very nervous when I picked up the telephone one day in 2006 to call some of my Manson cousins in Texas that I had never met before. But we had a great conversation.

Because of the blog, more often the case is that people contact me rather than the other way around. I've met Gines cousins and Brayboy cousins in particular.

At a genealogical conference, I met one of my Brayboy cousins. You can check out Karen's adventures in genealogy here.

Once, in Washington, D.C., a woman walked up to me and asked, "Are you a Gines? Because you look just like my great-grandfather." Well, I am a Gines, and she is part of the South Carolina family."

I need to do more contacting of living relatives, especially in Louisiana. I'm sure I'd learn quite a bit more if I did. So I'm going to go read the Carnival postings to see how to do it!

My 2008 Goals

For 2008, I think it's worth recycling some of my 2007 goals, especially where I didn't do so well. So here we go:

1. Attend a national conference. Conveniently, the National Genealogical Society has planned its 30th Conference in the States and Family History Fair for Kansas City in May!

2. Make contact with more cousins to hear their stories. Although I gave myself a B+ here last year, this is always worthwhile.

3. Bring genealogy to more young people. I utterly failed at this last year, but it's so important that I'll give it a try again. Any ideas about this?

4. Write more about genealogy and the law. I don't intend to turn this into a legal blog, but I can and should share more of my legal knowledge in practical ways to benefit genealogists and bloggers.

5. Knock down at least two long-standing brick walls. Again. But when I review what I did last year, it turns out that I did better than I had thought. I learned the fate of my grand father's brother, Otis Preston Manson; I learned the name of Aunt Grace's mother; and I discovered James William Long's parents and siblings, correcting a family error of some time.

6. Update my records with accurate source citations.

7. Substantially reduce my scanning backlog.

8. Find more old photographs. They're out there, somewhere. (George, Colleen: Help! That is, once I find them!).

9. Improve the technology I use and my knowledge of it. I used to be a major techie, but I've fallen way behind--I get that every day as I read and see innovations out there. Time to teach this old dog some new tricks! (Denise, Sally, Susan: Help!).

10. Learn more about DNA. Thanks, Blaine, for your insights.

11. Improve my story-telling craft. (Tutors: David, Janice, Jasia, Tim, Tim, Miriam, Randy, Denise, Apple, fM, Becky, Taneya, Bill, Steve, Karen, Dana, Lori, Terry, and all who have or will contribute to the Carnival of Genealogy!).

12. Always Learn from others, Share with everyone, Enjoy this endeavor, and Appreciate the efforts of those who also Learn, Share, and Enjoy! This will always be on my list. When I stop doing this, it'll be time for me to cash in the whole thing. In this category, I'll include reading more of the excellent blogs out there; making some presentations for community groups (got one being worked on right now); and a few other things.

The Greatest Genealogical Find Ever . . .

The GeneaBlogie staff is a bit under the weather today, this last day of 2007. Nonetheless, I'm as excited as a kid at Christmas (Christmas? It's only 359 days away!). I'm awaiting the imminent delivery of The Greatest Genealogical Find Ever.

What possibly could be The Greatest Genealogical Find Ever?

Here's the story: as long as I have been aware of my extended family, I've known that my mother's sister Grace was not my grandmother's child. Rather, she was my grandfather's daughter and she had been raised by his mother in Louisiana after he left there for Kansas City in about 1920.

For years, I asked family members, "Who was Aunt Grace's mother, and what became of here?" The reply always was, "We don't know." Then there was a family story that Grandpa Eddie, Grace, and Grace's mother had intended to move to Chicago when Grace was an infant. As the story goes, Grace's mother died en route to Chicago from Shreveport, either in an accident or from some mysterious malady aboard a train.

In the last four years that I've seriously been studying genealogy, I've discovered many interesting and some surprising things about my family. But truth be known, little of this holds much emotional satisfaction for family members. Though intellectually interested, they actually care little about how many generations back I can trace the family or whether we're related to this famous person or that one. This is not to say that their smiles when I relate the latest discovery are disingenuous. Not at all. But what holds the greatest emotional satisfaction for them (and, indeed, I suspect for the families of many genealogists) are the discoveries of facts that solve (and salve) mysteries within living memory, the effects of which have burned so deeply that the nerves of the soul have been numbed.

Such discoveries are, as far as family is concerned, more important than any other sort of discovery.

The identity and fate of Grace's mother is just such a discovery. For my mother and her siblings, it may as well be The Greatest Genealogical Find Ever.

Every family has something that would qualify as The Greatest Genealogical Find Ever. Many families have more than one.

Grace was well-loved by her siblings and nieces and nephews. She passed away in February 2002, likely not knowing the identity of her mother.

I recently located a copy of Grace's birth certificate and today I'm waiting to receive a certified copy. It will be The Greatest Genealogical Find Ever for me (for the time being).

What's your version of The Greatest Genealogical Find Ever?

Book Review (Somewhat): Some Family

I've posted a couple of "thoughts" that I found provocative from a book called Some Family--The Mormons and How Humanity Keeps Track of Itself. Usually, one waits until one has finished reading a book before reviewing it. But because of the nature of this book, I think it appropriate to say something about it even though I'm just half way through it.

The author, Donald Harman Akenson, is a highly regarded historian, who has written extensively about the history of Judaism and Christianity. He is said to be the world's foremost authority on the Irish diaspora. In Some Family, he seeks to examine various systems of "genealogical narratives" throughout history and across cultures. His thesis seems to be that presently the system of genealogical recordkeeping selected by the LDS Church is becoming dominant. That's not such a surprising conclusion, but Akenson seems to warn against any one system dominating genealogy because any One Great Big System (as he would say) would fail to take into account the culturally-driven systems that otherwise exist. Akenson says that systems employed by genealogists must be consistent with "empirical, historical, and statistical reality."

Despite the apparent gravity of the subject, Akenson's writing is lively and the book is an easy read (with one exception that I'll get to momentarily). He clearly likes genealogy and genealogists and claims to like Mormons. The notes on the jacket cover says that Akenson "with trademark good humour and grace, provides an insightful study of the Mormon scriptures and their implications for genealogical work."

I'm not certain that devout LDS members would appreciate Akenson's "trademark good humour" or agree that "grace" is a hallmark of this particular work. He uses the LDS scriptures as the entry point to assess the Mormons' effort to "provide a single narrative on how humanity keeps track of itself" in the face of his central argument that there are at least four basic genealogical forms.

Akenson approaches the examination of the scriptures from the point of view of a disinterested observer. This is a touchy issue. It is the proper approach from an academic perspective, but believers may be offended. I have resolved similar issues concerning my own particular religion by understanding that there is a difference between what an outside examiner sees and what one sees through the eyes of faith. Faith is not subject to the logical dissection of the academic. In this sense, the faithful need worry only where the observer has missed or misconstrued some empirical fact.

Having said that, my reference to particular "thoughts" in the book is not an endorsement of any or all of them. Rather, I put them out for the sake of discussion.

I said earlier that Akenson's writing was lively and easy to read with one exception. That exception is his choice of vocabulary, which will send the average college-educated reader to the dictionary at least once a chapter. Check these out:

adjuvant
benison
bolus
deictic
demotic
jussive
lubricious

I'll have a complete review coming soon.

Genealogy: Art or Science? A Thought

. . . [G]enealogical narratives . . . often take a form that deserves to be denominated as literature. The best genealogies are artful and achieve the status of consciously crafted art.

Donald Harman Akenson in Some Family--The Mormons and How Humanity Keeps Track of Itself (McGill-Queen's University Press, 2007)

An Historian Comments On Historians and Genealogy

Professional historians, like all skilled tradespeople, have their own status rules. One of the most basic of these--so basic that our postgraduate students do not even need to be told, so clearly do we silently communicate our snobbery-- is this: do not ever become involved with the practice of genealogy: it is a necropolis of the mind and anyone who enters there can only return as a zombie. This is absolute rubbish . . . .

Donald Harman Akenson, Douglas Professor of Canadian and Colonial History, Queen's University, Kingston, Ontario. Professor Akenson is the world's leading scholar on the Irish diaspora and the author of several major works on the history of Judaism and Christianity. The quote is from his latest book, Some Family -- The Mormons and How Humanity Keeps Track of Itself (McGill-Queen's University Press), copyright Donald Harman Akenson, 2007.

DNA & Genealogy

I've not joined in any significant way the discussions about DNA because I'm in the "wait-listen-learn" mode on the topic. I'm quite interested in the matter. And I have submitted a sample to the database maintained by the Sorenson Molecular Genealogy Foundation, but no matches as of yet.

I mention the DNA issue this morning because there was yet another article about it in the New York Times yesterday. The articles in the popular press are interesting, but some of the most educational writing on this topic may be found right here in the blogosphere. Blaine Bettinger, "The Genetic Genealogist," is the "go-to" guy for me. And recently, Tim Agazio has used his Genealogy Reviews Online to explain his personal experiences with DNA testing. These have been very valuable articles and I recommend them.

Sharing the Bounty

Over at Family Matters, Denise Olson is sharing a veritable treasure trove of genealogical on-line resources. The links she's been posting are part of the collection at the Genealogy Research Resources Group at Diigo, a self-described "social annotation" site. I had not used Diigo until now, but it seems simple and a great way to share your discoveries. I'm sharing things that I've come across that may be otherwise a bit difficult to find. Check it out! And see the Genealogy Research Support Group that Denise has started at Diigo.

The United States of Ap Meryk; Or Why Are There No Amerikens in Amerike

This story's been around awhile, but I've just studied it in depth for the first time. You were taught in school, of course, that America was named after a Welshman, Richard Amerike (or in Welsh, ap Meryk), who was the patron of a Genoan sailor, Giovanni Cabatto ("John Cabot"), who in1497 sailed from England to what he called "New Found Land." No? Or that the Stars and Stripes of the U.S. flag were based on the coat of arms of the Amerike family? Here's the BBC's version.

What I found interesting is that I could find no one in the United States census records named "Amerike" or "ap Meryk." I found eleven persons named "Meryk" in the immigration records; they were all German or Austrian, except one who was from Poland. I found eight persons named "Meryke"; again, all were German except one who was Polish.

Looking for the Ends of the Universe

Something my parish priest said last week resonated with me, though may be not for the reasons Father Jerry had in mind:

For some people, the Universe is made up of atoms. For us, the Universe is made up of stories.

The "us" he was referring to could have been family historians.

The one or two folks have been reading GeneaBlogie from the beginning know that long ago, I started find the origins of the Universe as a student of astrophysics. It's a long story, but I never achieved my original goal to be an astronomer. But now, I'm totally enthralled with the Universe of family history. It's just another way to understand where we come from.

The motives of family historians and genealogists have been questioned in some quarters of late. Some say that all we want to do is hang ancestral ornaments on our family trees to little effect. Well, just as I can tell a story about each of the unique decorations on my Christmas tree, I want to know and tell the stories of each ancestor.

It's certainly easier just to collect names and dates than it is to learn the stories. But for me, simply knowing a name and some dates is incredibly frustrating. I don't believe the stories simply disappear. It occurs to me that the stories I don't yet know are out there, and somebody out there knows part or all of each story. That's why I keep mentioning Sarah Gilbert Johnson (1849-1920?), Syntrilla Brayboy LeJay (1843-1920), and Charlotte Manson (1790?-?), and others.

I really want to know the contours of this Universe, and to the degree possible, its whys, and hows.

Southern California Fires: Genealogical Events

Our fellow genea-blogger, Randy Seaver, was as close to the recent California fires as anyone we know and he reported and "mused' about them last week. It was a reminder that "all history is personal." [An Air Force general I know told me that once--he doesn't claim to have originated it].

Randy and his family are safe, but as we know, many families lost everything. Talk about making family history! Natural disasters like hurricanes, earthquakes and wildfires (some of the latter, of course, not being completely "natural") are always genealogical events. They change the course of family history for those who experience them--victims and responders alike.

Some will lose their homes and have to move somewhere else; others, unfortunately, will lose their lives. The effects may be felt for generations yet to come: lives that will change; lives that will move; lives that will never be the same; some lives that simply never will be. May they all find the peace they need in this moment.

Genealogy Law Quiz Answers

The fall semester will be over soon at Pacific McGeorge School of Law, so I thought I'd practice for the grading season with the quiz that appeared here a couple of days ago. BTW, every one who tried it got a passing grade. Here's the "model answer":

Copyright Infringement

The first claim against Delia is Al and Bert's action for copyright infringement. The first issue here is whether Al or Bert or both of them own the copyright in the diary in order to permit them to sue for copyright infringement. The diary was written by their mother. From what we can tell, the diary was never published before Delia got her hands on it. Likewise, from what we know, there is no evidence that a copyright was ever registered for this work.

The Copyright Act provides that copyright protection subsists in original works of authorship fixed in any tangible medium of expression. The copyright in a work of authorship immediately becomes the property of the author. It is not necessary to publish the work or register the copyright.

Thus, Delia's grandmother owned t he copyright when she wrote the diary. Copyrights may be transferred or sold. We are not told whether Delia's grandmother transferred the copyright during her lifetime. Assuming, therefore, that she did not transfer it during her lifetime, the copyright could pass as part of her decedent's estate. That is what most likely happened here.

We are not told whether Grandma had any heirs other than Al and Bert, or whether she had a will. In any event, it is reasonable to assume that Al and Bert were her heirs and that they became owners of the copyright at her death.

We do not know when the diary was "created." If it was created on or after January 1, 1978, then the copyright protection lasts for 70 years after the death of the author. Certain works copyrighted before January 1, 1978 may have copyright protection for as long as 120 years depending on the circumstances of their registration or renewal. We therefore may assume that Grandmother's copyright is still "good" and owned by Al and Bert.

The fact that Delia had physical possession of the diary does not affect the ownership of the copyright. (Query whether when Al said to Delia, "Help yourself to anything in [the trunk]," not being aware of the diary, he intended to make a gift of any of his property in the trunk, including the copyright to the diary. Answer: this is probably ineffective to transfer the intangible property such as the copyright).

The next issue is whether Delia infringed the copyright to the diary when she published a portion of it on her blog. Copyright infringement occurs when a copyrighted work is published without t he permission of the owner. However, the doctrine of "fair use" is a limitation on the rights of the copyright owner. Section 107 of the copyright law sets forth four factors to be considered in determining whether or not a particular use is fair:

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

In Delia's case the purpose and character of the use was non-commercial. A court presumably could consider that a purpose of her use was vengeance and that she acted in anger toward her relatives, which would tend not to favor "fair use."

The nature of the copyrighted work in Delia's case likely favors a finding of "fair use." The work is her grandmother's diary, given to her by her uncle, who didn't even know he had it.

Another factor tending to favor "fair use" in this case is the amount and substantiality of the portion used in relation to the copyrighted work as a whole. Delia used but one paragraph of a diary that had been kept "for many years."

Finally, with respect to the effect of the use upon the potential market for or value of the copyrighted work, it is unlikely that Delia's use of the one paragraph damaged in any significant way. We have no reason to believe that there exists very much of a market for Grandma's diary or that there is any significant value to be had for Grandma's diary from anyone except the parties here themselves.

As a result of the foregoing analysis, "fair use" is likely a strong defense for Delia.


Defamation

To create liability for defamation, there must be (1) a false and defamatory statement concerning another person; (2) an "unprivileged" publication of that statement to a third party; and (3) negligence or some greater fault on the part of the person making the statement. The wronged party must suffer some damages or in some cases, need not suffer particular damages where the statement is "defamatory per se."

Al's Claim of Defamation

Al must show that Delia published a false and defamatory statement about him and that the publication was unprivileged. The statement that "My sons have been nothing but woe to me," could be deemed defamatory in that a statement by a mother that her sons have been "woeful" tends to harm the reputation of the sons by lowering them in the estimation of the community. But this is probably not defamatory per se, so Al must show some special damages from publication of the statement. For instance, Al might show that his business was damaged because people did not want to deal with someone who was not nice to his mother. Of course, Al must also show the statement is false. We have no information abut that.

The statement that "[Al's] a thief and a liar," is defamatory per se and Al need not show any special damages as a result of publication of that statement. He, however, must show that it is false.

Bert's Claim of Defamatiom

See above for discussion of the statement, "My sons have been nothing but woe to me." Bert will also claim that the statement "Bert is worse" is defamatory in that it makes him out either as a worse "thief and liar" than Al or even worse than "a thief and liar." In either circumstance, the statement is defamatory per se. Of course, he must show that the statement is false.

Bert will also claim that the statement that "Bert's wife, Catherine, is a sl**," defames him in that "sl**" will be clearly understood to mean "slut," and he will be harmed in his reputation by the innuendo that he consciously or unknowingly married a woman of low virtue. This statement is not defamatory per se, as to Bert and he will have to show some special damages. Likewise, he must show that the statement is false.

Catherine's Claim of Defamatiom

Of course, the statement that "Bert's wife, Catherine, is a sl**," if false, is defamatory per se as to Catherine. She need not show any special damages.

Invasion of Privacy

Al's claim

Al may claim invasion of privacy on two grounds: (1) public disclosure of private facts; and (2) publicity placing in him in a false light to the public. Concerning the first, one who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, (b) is not of legitimate concern to the public, and (c) is publicized without permission. Al will argue that the details of his relationship with his mother constituted private facts, the disclosure o f which was highly offensive, and not of legitimate concern to the public. We have no reason to believe that Al is a public figure, so generally speaking, his relationship with is mother indeed would be a private matter.

As to Al's second ground for invasion of privacy: Giving publicity to a matter concerning another that places the other before the public in a false light is an invasion of privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed. Al will claim that Delia's disclosure of his mother's sentiments about him placed him in a highly offensive false light. However, Delia may not have had knowledge of the falsity of Grandma's statements. On the other hand, this very lack of knowledge on Delia's part will work against her. By publishing the statements out of anger and making no attempt to discover whether they were true or not, Delia has acted in reckless disregard of the truth or falsity of the statements. On that basis, she may be held liable.

Bert's Claim to Invasion of Privacy

Bert's claim to invasion of privacy on the basis of "false light" is the same as his brother Al's. Bert's claim to invasion of privacy on the basis of public disclosure of private facts is also the same as Al's. But Bert has an additional claim: that the disclosure that Delia is not his biological daughter is an invasion of privacy. This disclosure would be highly offensive to someone wishing to keep it private and is not of legitimate concern to the public. The final element is that the disclosure be made without permission. Since it was Delia who was adopted and Delia who made the disclosure, may she argue successfully that she was entitled to make this disclosure? Answer: Just because Delia was involved in the private facts does not give her a right to disclose it as it affects her parents.

Catherine's Claim to Invasion of Privacy

Catherine's claim to invasion of privacy is both a "false light" claim and a "disclosure of private facts" claim. The false light claim is based on the publication of the statements that "Bert's wife, Catherine is a sl**," and "I know she had an affair." Catherine's "disclosure of private facts" claim is the same as her husband Bert's.

Law and Genealogy--A Quiz

One afternoon, Delia, a family historian, decided to rummage around her uncle Al's attic. She came across a locked trunk that she recognized as having belonged to her grandmother. Delia asked Al if she could see what was in the trunk. Al, knowing of his favorite niece's obsession with genealogy, said, "Sure. Help yourself to anything in it." Al, the older of two brothers, had been his mother's executor, but had not bothered to look into the trunk.

Delia found many of her grandmother's things in the trunk, but what most interested her was a diary her grandmother had kept for many years. Delia took the diary and began to read it.

At one point, Delia's grandmother had written:

My sons have caused me nothing but woe. Al is a thief and a liar. The only reason I named him my executor is that his brother Bert [Delia's father] is worse. Bert's wife, Catherine, is a sl**. I'm sure she had an affair--Delia is not Bert's natural-born daughter.

Delia was devastated by what she read. She had always suspected that Bert was not her real father. Now she thought she knew the truth. [In fact, Bert and Catherine had adopted Delia. Both were faithful to their marriage vows].

Angry that this secret had been kept from her, Delia published this portion of her grandmother's diary on her blog for an edition of the Carnival of Genealogy on "Uncovered Family Secrets."

When Delia's uncle and parents discovered the publication of the diary, they were outraged. Al and Bert are now suing Delia for copyright infringement. Al, Bert, and Catherine are all suing Delia for defamation and invasion of privacy.

Discuss the viability of the claims against Delia.