20 years of giving a voice to dancers: Who Owns Martha Graham™ ? Last Will and Testament

By Martha Graham
(As taken from public probate records)

(First published on the Dance Insider on January 18, 2001, as part of its comprehensive, unparalleled coverage of the Graham v. Graham legal saga pitting Ron Protas, Graham’s legal heir, against her company, school, and center. DI subscribers get full access to the complete coverage, plus our archive of 2,000 reviews of performances, news, and art from around the world by 150 leading dance critics dating back to 1998. To subscribe to the DI for just $29.95/year, just designate your PayPal payment in that amount to paulbenitzak@gmail.com, or write us at that address to find out about payment by check or in Euros. Martha Graham was born 124 years ago today.)

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 affirma[tion] 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 to the DI by the Martha Graham Center is that of Linda Hodes.)

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20 Years of Building the Dance Audience: The trial of Isadora Duncan

By André Levinson
Copyright Librairie Bloud & Gay, Paris, 1924
Translated by Paul Ben-Itzak

(Excerpted from “La Danse au Théâtre,” which assembles Levinson’s critical articles published between April 1922 and April 1923, for the most part in the Paris daily Comoedia, here from a December 11, 1922 piece entitled “The Quarrel Between the Ancients and the Moderns,” with the sub-heading “The Trial of Isadora Duncan.”)

Certainly, Isadora Duncan is guilty as charged. She was the grand switch operator who redirected dance onto a dead-end track and made it derail. Her enthusiastic brand of Hellenism à la headmistress produced unprecedented ravages. Her musical dilettantism grew into a rage of epidemic proportions. “Rise, Lazarus, and dance!” clamored the American demagogue. And a thousand young women suddenly declared themselves dancers. An army surged around Isadora, an international brigade of the barefooted. With the great stamping of her large naked feet she makes Beethoven jump, Chopin run, Gluck trot. Proclaimed the redeemer of the body, which she emancipates from all the conventional shackles, she enters in the Pantheon. Bringing with her, it’s claimed, a re-birth.

I have a dear friend in Russia, one of the country’s most subtle critics. An intelligence that I call gourmontienne* and a pure sensibility inhabiting a sickly and deformed body. Disabled, he drags himself along laboriously with the aid of a crutch and a cane. Well, this man was transported to such a degree by the Duncanian “miracle” that he declared her art to be “the means for all of us to become beautiful.”

Without doubt, the personality of the dancer herself has a lot to do with this infatuation, or rather this idolatry. Without any particular physical beauty, with her figure recalling a kindly school-marm, her torso lacking any suppleness, her feet flattened out and widened by two decades of naked stomping on the planks, Isadora nonetheless has been able to preserve a certain plastic prestige. Her gestures are sober, at times evocative. And if her musicality seems doubtful and approximate, she has the gift of fecund emotions. Her practically non-existent technique can be assimilated in 24 hours by just about any dancer. Her audacity, on the other hand, is incommensurate, genial. Her pupils and imitators are innumerable; to imitate her one has no need of audacity!

Nevertheless, Isadora might have been useful to dance: useful like a good old-fashioned fire is useful for the beautification of a neighborhood.

When Isadora appeared on the scene, dance had been languishing for 20 years. Classical dancers continued their arduous task in a complete moral isolation; artists and poets had lost interest in this grand tradition. And all that was left of the not so distant past of the incomparable kingdom of the ballerina’s court — of which Théophile Gautier, Jules Janin, Théodore de Banville, Stéphane Mallarmé, Gavarni and Lamy had been the reigning dignitaries — were the last remnants of some decrepit members. Even if the handful of simple-minded and upright true believers, gifted with good instincts, who knew how to maintain, despite and against all the others, their unshakeable conviction and keep their metier intact were admirable. Because being a ballerina, only a few years ago, was a perilous distinction.

Well, it was Isadora who brought the masses back to dance, who created a new audience for it. She knew how to promote a vast surge of opinion. One which is not going away, however much she uses her very real power to inculcate deplorable and paltry concepts, and nurtures false sensibilities among this public. Thanks to her, those who have come to clear the terrain and reconstruct will not be operating in a void. And it’s thus that the fruits of her efforts, negative as they may have been, appear considerable and propitious.

*A reference to the journalist and critic Remy de Gourmont (1858 – 1915), known for his vast erudition. In 1889, was one of the co-founders of the new Mercure de France, to which he almost exclusively devoted his literary efforts after being diagnosed with Lupus. Gourmont also worked for the French Bibliothèque Nationale.

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freespace for adCelebrating 20 years as the Internet’s longest-running arts magazine and the world’s leading voice for dancers, the Dance Insider & Arts Voyager is now offering Home page ads with photos starting at just $49/month when you sign up by April 15. Contact paulbenitzak@gmail.com for more information to join Freespace Dance (above), Slippery Rock University Dance (top), and others in sponsoring the Dance Insider & Arts Voyager, for two decades the leading voice for artists.

Your company, show, audition, school, university, summer program, art expo, job opening, or product ad here

slippery-rock-ad

Celebrating 20 years as the Internet’s longest-running arts magazine, the Dance Insider & Arts Voyager is now offering Home page ads with photos starting at just $49/month when you sign up by April 2. Contact paulbenitzak@gmail.com for more information to join Freespace Dance (top), Slippery Rock University Dance (above), and others in sponsoring the Dance Insider & Arts Voyager, for two decades the leading voice for artists.

Move, Members, Move

moma moving stories smallIf there’s one person in dance who is consistent, it’s Battery Dance’s Jonathan Hollander, whose vision, contrary to the myopia which sometimes infects other leaders of the New York dance community, has always been both global and community-oriented in the larger sense. Receiving its premiere Sunday at 7 p.m. at the Museum of Modern Art as part of MoMA’s Doc Fortnight festival, Rob Fruchtman’s 2017 “Moving Stories” follows six dancers from Battery, including ex-Graham fixture Tadej Brdnik, as they travel to India, Romania, Korea, and Iraq to work with at-risk youth, with just one week to prepare a performance. The documentary is preceded by Maris Curran’s “While I Yet Live,” in which five acclaimed African-American quilters from Gee’s Bend, Alabama, discuss love, religion, and the fight for civil rights as they continue the tradition of quilting that brought them together, and followed by a discussion with some of the dancers, who also included Robin Cantrell, Mira Cook, Clement Mensah, Sean Scantlebury and Lydia Tetzlaff. Photo courtesy Rob Fruchtman.

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