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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 firstname.lastname@example.org, 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.
I hereby revoke all former wills and codicils thereto made by me at any time.
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.
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.
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.
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.)
By Philip W. Sandstrom
Copyright 2005, 2018 Philip W. Sandstrom
Founded in 1998 by a collective of professional dance artists and journalists to build the dance audience, tell stories not told elsewhere, and give a voice to dancers, the DI is celebrating its 20th anniversary this week by offering one-year subscriptions for just $20, including full access to our archive of 2,000 reviews of performances and art from around the world by 150 leading dance critics. Subscribe through PayPal by designating your payment to email@example.com, or write us at that address to learn how to pay by check. The longtime technical director of Dance Theater Workshop, acclaimed lighting designer Philip W. Sandstrom is a DI senior critic.
NEW YORK — For her new “Daylight,” Sarah Michelson radically reconfigured PS 122’s second-floor theater, effectively dropping a new performance space into the midst of the old one. If you’ve performed in or observed performances at this space, you know the stage is bisected by two permanent columns; Michelson plopped the seating — three custom-seating risers — adjacent to and in between these fixtures. Then she painted everything — including the walls — white. The only exception to this snowy landscape was Claude Wampler’s four large portraits of the dancers, delineated, etch-a-sketch style, in a continuous thin black line on an all-white canvas. A phalanx of upright chrome theatrical lights, mounted on poles like speared heads, confronted the audience at the lip of the stage. A gentle haze thinly filled the air and the theater was bathed in natural blue-sky light pouring through a large exposed window on the south side of the auditorium.
To receive the complete article, first published on June 28, 2005, subscribers please contact publisher Paul Ben-Itzak at firstname.lastname@example.org. Not a subscriber? This week you can subscribe to the DI for one year at the discounted rate of $20. Just designate your PayPal payment in that amount to email@example.com, or write us at that address to learn how to pay by check. Subscribers receive full access to the DI/AV Archive of 2,000 exclusive reviews by 150 leading critics of performances and art on five continents from 1998 through 2015.
Homer Avila by Robin Hoffman.
By Paul Ben-Itzak
Copyright 2004, 2018 Paul Ben-Itzak
Founded in 1998 by a collective of professional dance artists and journalists to build the dance audience, tell stories not told elsewhere, and give a voice to dancers, the DI is celebrating its 20th anniversary. For information on purchasing your own copy of our archive of 2,000 reviews of performances, news, and art from around the world by 150 leading dance critics, e-mail firstname.lastname@example.org . To celebrate its 20th anniversary, this week the DI is offering one-year subscriptions for just $20. See below for more information.
Homer Avila died Sunday night, at the age of 49, at Memorial Sloan-Kettering in New York, where he’d checked himself in Saturday. “He was dancing until Friday, checked himself into the hospital Saturday night, and was gone by twilight Sunday,” reports Pentacle’s Ivan Sygoda. “The cancer that cost him his hip and leg had metastasized and reached his lungs.”
The journalist trades in the effects of sympathy. By his reporting and then the selection and arranging of details, he can write an obituary to pull your heart out. I’ve been doing this for more than 25 years, since a high school English teacher I didn’t know that well passed away unexpectedly, and I set about interviewing his colleagues. Did I know what they told me was moving? Yes. Was I moved by their words? Yes, but it was probably a detached empathy. This one is hard.
Homer danced with Momix and with Bill T. Jones/Arnie Zane, where he would meet his partner Edisa Weeks. I first caught them in an evening of performance in a church basement on the Upper East Side, where their duet “Dubious Faith” was the highlight. Homer played a priest, with the taller Edisa lifting and twirling him; Homer walked on upended wine glasses. More miracles were to come.
To receive the complete article, first published on April 27, 2004 and featuring excerpts from DI reviews of Homer’s performances around the world and comments from Homer and colleagues, subscribers please contact publisher Paul Ben-Itzak at email@example.com. Not a subscriber? This week you can subscribe to the DI for one year at the discounted rate of $20, 33 percent off the regular rate. Just designate your PayPal payment in that amount to firstname.lastname@example.org, or write us at that address to learn how to pay by check. Subscribers receive full access to the DI/AV Archive of 2,000 exclusive reviews by 150 leading critics of performances and art on five continents from 1998 through 2015.
Miracle-workers: The last time I saw Kent Lindemer, he was falling from the sky into the arms of three fellows two of whom he’d never worked with before. The piece was “Particle Zoo,” and the place was the Joyce Theater, which was good for the company, Pilobolus, because the scheduled fourth performer was sick, and Lindemer, a fungus alumnus, happened to live in the Chelsea neighborhood. (As I recall, the replacement was so last minute that Lindemer had no time to rehearse with his new catchers.) Apparently Lindemer was not bobbled and did not discombobulate into a million tiny particles, because I see here in the 20-year’s old and still going strong DI in-box that Lindemer is scheduled to be re-assembled Saturday at 8 p.m. by Yoga Mechanics — er, sorry, that should be *at* Yoga Mechanics — in lovely Montclair, NJ (I do like Jersey best) among a scintillating universe of dance veterans, including Nikolais and Murray Louis dance giant Alberto (you never write, you never call; please send company/foundation news) Del Saz and, above, the same troupe’s luminous alumna and my leading dance miracle-worker Donna Scro Samori, when her company hosts Freespace Dance 40+. Also featuring Stephanie Beauchamp, Janette Dishuk, Loretta Fois, Rick Kitts, Andrea Kron, Lynn Needle, Stephanie Nerbak, Wendy Reo, Joelle van Sickle and Leslie Smollen Wuebben. Ticket info here. Tony Turner photo courtesy Freespace Dance. — Paul Ben-Itzak, Dance Insider co-founder