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Flash Document, 1-18: Who Owns Martha Graham™ ?
Last Will and Testament

By Martha Graham
(As taken from public probate records)

(Editor's note: On Friday, as reported in Flash News, 1-15: Protas Sues, Ron Protas, executor and principal beneficiary of the Martha Graham estate, sued the Martha Graham Center and School over the use of Graham's name, and other claims. In the upcoming case in Federal District Court, just who owns the rights to the works of Martha Graham is likely to be the central question. What follows is Ms. Graham's will, from public probate records. Certain words are unclear in the copy provided to The Dance Insider by the Graham Center. In such cases, we've written "unclear" in parenthesis.)

I, MARTHA GRAHAM, of the County, City and State of New York, make, publish, and declare this to be my last will and testament.

ARTICLE I

I hereby revoke all former wills and codicils thereto made by me at any time.

ARTICLE II

I appoint my friend, Ron Protas, to be executor thereof. If he shall not qualify or, having qualified, shall cease to act as executor hereof, I appoint my friend, Alex Racolin, to be executor hereof. I direct that no executor appointed herein shall be required to give bond or other security for the faithful performance of his duties in any jurisdiction.

ARTICLE III

All personal and household effects, and other tangible personal property, held for purposes of use or enjoyment as distinguished from business or investment purposes, which I now own or may hereafter acquire, if owned by me at the time of my death, I give and bequeath to my said friend, Ron Protas, if he shall survive me. I request, but do not enjoin, that he distribute certain of such items in accordance with my wishes which are known to him.

ARTICLE IV

The residue, remaining after funeral and estate administration expenses and debts have been paid and after the foregoing provisions hereof have been satisfied, of all my property, real and personal, of every kind and description and wherever situated, including all property over which I may have power of appointment at the time of my death, all such powers being hereby expressly exercised, and including all property not otherwise effectively disposed of hereunder (said residue being hereinafter referred to as my "residuary estate"), I give, (unclear), and bequeath to my said friend, Ron Protas, if he shall survive me, or, if he shall not survive me, to the Martha Graham Center of Contemporary Dance, Inc.

In connection with any rights or interests in any dance works, musical scores, scenery sets, my personal papers, and the use of my name, which may pass to my said friend Ron Protas under this Article IV, I request, but do not enjoin, that he consult with my friends, Linda Hodes, Diane Gray, Halston, Ted Michaelson, Alex Racolin and Lee Traub, regarding the use of (unclear) rights or interests.

ARTICLE V

To provide for the execution of the provisions of the will, the administration of my estate and related matters:

(A) I give to my executor, in affirmance and extension of the authority and power given to executors by law, the authority and power (1) to retain and hold my property, real and personal, or any part or parts thereof, in the form in which the same may be invested at the time of my death, and to sell the same at public or private sale, with or without notice, for cash or credit or upon such terms and conditions as my executor may deem wise, and in like manner to convey, exchange, lease, mortgage, pledge or otherwise encumber the same; (2) to invest funds and change investments without regard to whether such investments or reinvestments are of the character prescribed or authorized by law for the investment of trust funds; (3) to exercise or assert in person or by proxy all rights, privileges and powers accruing upon, appurtenant to, or available in connection with securities included in my estate; and (4) to execute all such instruments and to perform all such acts as shall be incidental to or necessary or expedient in connection with the foregoing authority and power or the proper execution of the provisions of this will or the proper administration of my estate, all the authority and power given herein to be exercised for such purposes as in the discretion of my executor maybe deemed proper without the authorization or confirmation of any court.

(B) I direct (1) that the term "executor," as used herein, shall be deemed to mean the executor or alternate executor appointed herein, whichever shall be acting; (2) that a person shall be deemed not to have survived me as such term is used herein where such person dies simultaneously with me or dies under such circumstances that in the judgment of my executor it cannot be determined with certainty whether such person survived me or it would be impracticable to attempt to do so; and (3) that my executor shall pay my death taxes without apportionment, as if they were expenses of administering my estate, out of property which, otherwise would be included in my residuary estate; and the term "death taxes," as used herein, shall be understood to mean all inheritance, transfer, succession and estate taxes levied by reason of my death, regardless of whether such taxes are levied on property passing or not passing under this will, and to include all interest and penalties on such taxes.

IN WITNESS WHEREOF, I have hereunto set my hand and seal at New York, this (handwriting unclear) day of (handwriting unclear), 1989.

(The will is signed here, in handwriting, "Martha Graham.")

The foregoing instrument was subscribed by the above-named MARTHA GRAHAM, on the day and year first above written, (unclear) our presence and was at the same time published and declared (unclear) her in the presence of each of us to be her last will and testament, and thereupon we, at her request, and in her presence and in the presence of each other, did subscribe our names as attesting witnesses.

(The will is signed, here, in handwriting, with three names, the only one of which is legible in the copy provided us is that of Linda Hodes.)

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