Writer's Fallout Shelter

Hi all. I've been lurking around a bit myself. Great forum.

I have come out of hiding to ask a specific question, and by doing so to take another step closer to committing to an idea I have for a novel. I've never written one before, and the task seems daunting, but I keep finding myself creating scenes and characterizations in my head, or researching (you know, just to satisfy my curiosity). It won’t leave me alone. I’ve even started making a few notes to get them out of my head so I can think about other things.

The story is based on a very obscure historical event from the mid 1800s in Florida. The “true” story is fascinating in itself. It is hard to believe that it has not been written already, but I am sure it hasn’t.

So, finally to my question. How creative can I get with characterizations based on people that have been dead for over one hundred years without becoming libelous? There is one character in particular that I am interested in. History hints that he was a fairly unsavory “gentleman” to begin with. He would make a great character with only a little “help”—not so much in his actions, but in his motivations and demeanor. How far can I carry that without his heirs being able to demand restitution? It doesn’t seem possible to me that I can gain any protection in a case like this by stating that “…any resemblance to actual persons either living or dead is purely coincidental…” Especially, if I use their real names (heh, heh).

I know a great idea does not a novel make. They are a dime a dozen. It's the writing that matters. But, it doesn't hurt to start with a great story, especially one that is begging to be written. Any help in this area - leads to internet sources, personal knowledge, etc. would be truly appreciated.

Peace and Love,

Spheric