konane wrote:

<< How does the law view precedents set through the "law of custom" in which convenience store owners had allowed St. John to rummage through garbage >>

Allowing St John to go through the trash and take things only means that the store has no claim on the ticket. The store has absolutely no power to give up anybody else's rights.

<< I fully understand Donovan's son is a legal heir to Donovan's estate, but I still question whether Donovan gave up actual ownership of the winning scratch off by carelessly discarding it >>

Donovan's intent is the matter the courts will need to decide, assuming it goes that far. If the court decides that he intended to abandon his property then St. John is now the lawful owner. If he had only thrown one ticket in the trash it would almost certainly be a slam dunk for St John, but since he threw many tickets away the legal issue is whether he intended to throw way the winning ticket or if it was lost accidentally. If it was lost accidentally it doesn't matter whether it was lost in a trash can, the parking lot, or a bus on his way home. Any accidental loss of property means ownership and recovery are governed by the applicable law. 

Thank you for your answers.

Seems from the first article that it became "lost" only after it was learned that it was a large dollar winner ...  if someone wants to split hairs about timing to claim as a loss rather than part of a discard batch. 

However, that's for the courts to decide and will be interesting as to the outcome.  Thanks again!!

Possession is 9/10 of the law.LOL

What I learn here never discard your tickets in a public place til you double and triple verify and then throw them away in your own trash.

This guy was only scratching off codes and not the entire ticket.

Isn't there some kind of ruling that allows the law to go through your garbage, after you put it out for pickup, because it is now public property - which is how the police prosecuted some people without a search warrent?  I recall a law, in my former state, where garbage on the corner is public property and you can take it, but cannot open a dumpster to get at garbage.  As long as you don't make a mess or a public health hazard.  Didn't a group of magazine publishers go through the garbage of celebrities a while back and win a law suit that said they could do that.

Why wouldn't that concept apply to thrown away lottery tickets?  One mans garbage is another mans treasure.

My question remains.  Did anyone see Donovan throw away the ticket(s)?  Was it on a surveillance camera?  Anyone can make that claim.  I hope that his son will let this matter rest-in-peace with his daddy.

The law disagrees with your view on both points. The one fact about the circumstances of this case that is undisputed is that St John found the ticket, and the laws about found property are clear. St John only becomes the lawful owner of anything he finds if the person who lost it intended to abandon it or doesn't come forward in the period specified by law.

 That's what that is above.

ANY lottery ticket is a BEARER Instrument and that's a fact! That's all that should be recognized here! The Mass lottery even admits that's what their lottery tickets are, so why put up with all the petty BS from the dummy who lost the ticket in the first place? The lottery in Mass is one I wouldn't play (even if I could) because they don't follow their own rules as to what their lottery tickets are! There is no claim by any other person to be made on a Bearer Instrument! Unless said Bearer Instrument is obtained through fraud, some how, some way and that isn't the case here! So, I say pay the person who presented the ticket for payment, "It's A Bearer Instrument" END OF STORY!

Well I`m not really going to voice my opinion on this matter, being that I am Kevin's daughter, I'm sure you all know what I am going to say. I just want to say that I do believe this matter is between the courts, St. John, My family, and the lottery. I'm not trying to stop anyone from voicing your opinions and I'm not trying to offend anyone, but I figured I would just thank everyone who sent their condolences. And for you all who are calling my father a "dummy" or whatever, please, he's dead, have some respect. St. John had no right to go inside a store and go through their trash by the way. The man is not smart, well at least I don't find rummaging through the trash smart, and he's an extremely rude individual. His comments on my father's death were unnecessary. Again, as I said I am not trying to pick a fight with anyone over this issue, including St. John, but please have respect.

Oh.. P.S My father buying the tickets and throwing them away are on surveillance, and the clerk was willing to testify on his behalf, mylollipop.