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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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