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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Pieces of a Dream: Mariscal, Barnet, Hamad, Haring — A New York State of Mind

mariscal for repostingFrom the Arts Voyager Archives: Barcelona-born jack of all arts — notably, comics — Javier Mariscal, as featured at the Galerie Martel, the leading comics art gallery in Paris, and first covered on the DI/AV, in 2011. Image courtesy the Gallery Martel.

By Paul Ben-Itzak
Copyright 2011, 2017 Paul Ben-Itzak

NEW YORK — Wednesday night, 8 o’clock. Our evening starts at the Old Heidelberg, dining with Martha Graham’s complice and legal heir Ron Protas, an accident that wasn’t an accident, because the setting, unplanned, will set the tone.  Once upon a time in New York there were more art critics of mettle who applied real writerly chops to art by artists who were more than clever, for whom technique was just a means and not an end, and who needed critics with chops to interpret the new art they were creating. One particular critic, John Leonard, started out as a novelist, beginning with “The Naked Martini,”  whose hero, Brian Kelly — another writer with New York City dreams created by a writer with New York City dreams — would wrap up a day of toil in the advertising houses of “the Lexington Avenue foothills” with a mug of dark beer, a kielbasa, and a proposal of marriage to the Old Heidelberg barmaid inevitably named Helga, swigging the cheap but hearty hops from his corner window table looking out (in the book) at York Avenue, somewhere around 86th. (Our waiter tells us the Heidelberg has been at its current location, 2nd just below 86th, since 1963; before that it was somewhere on or around 86th; Leonard’s book was published in 1965.) So when the pitcher-sized ‘mug’ of dark beer arrives, I propose a toast to John Leonard, his ghost still sitting in the corner, but it might as well be a lament, a dirge for a city of ghosts, where visual art by dead artists is usually more interesting than that created by the artists who can still afford to live in Michael Bloomberg’s New York Version 2.011, where we are told not to worry that the rent stabilization laws just expired, the last barrier to the complete Bobo-ization of New York crumbling with little sounding of the alarm.

To receive the complete article, first published on June 18, 2011, including more art, subscribers please contact publisher Paul Ben-Itzak at paulbenitzak@gmail.com. Not a subscriber? Subscribe to the Dance Insider & Arts Voyager for just $29.95/year ($99 for institutions gets full access for all your teachers, students, dance company members, etc.) by designating your PayPal payment in that amount to paulbenitzak@gmail.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. You can also purchase a complete copy of the Archives for just $49 (individuals) or $109 (institutions) Contact Paul at paulbenitzak@gmail.com.