A lobby card from the movie ‘The Wizard Of Oz,’ reveals a movie still of a scene in which American starlet Judy Garland (1922 – 1969) (as Dorothy) wipes tears from the eyes of star Bert Lahr (1895 – 1967) (as the Cowardly Lion), while seen by Jack Haley (1898 – 1979) (as the Tin Man) (left), and Ray Bolger (1904 – 1987) (as the Scarecrow),1939 The movie was directed by Victor Fleming.
Hulton Archive|Moviepix|Getty Images
The Catholic University of America will not give up Dorothy’s gown– without a court battle.
The university firmly insisted in a brand-new declaration to CNBC that it– and not the estate of a late priest and drama teacher– is the “rightful owner” of a when long-lost gown used by Judy Garland in the timeless movie “The Wizard of Oz.”
The Washington, D.C., university likewise stated that a brand-new claim submitted by the niece of theRev Gilbert Hartke, which intends to obstruct an approaching auction of the blue-and-white gingham gown, “has no basis in law or fact.”
Gilbert Hartke had actually been talented the gown in 1973.
The school’s declaration came simply as an attorney for Hartke’s 81- year-old niece asked a federal judge in New York City in a brand-new court filing to release a momentary injunction that would a minimum of delay the May 24 auction of the gown on the university’s behalf. The gown is anticipated to bring as much as $1 million or more at an auction held by Bonham’s in Los Angeles.
Hartke, as a Roman Catholic priest and member of the Dominican Order, “had taken a vow of poverty,” the school kept in mind in the declaration.
“He vowed not to receive or accept any gifts as his own personal property, and at the time of his death did not have any tangible items in his estate,” Catholic University stated.
“In reality, a stock ofFr Hartke’s estate performed in 1987 noted absolutely nothing of worth in individual ownerships or any concrete residential or commercial property of any sort, in spite of other recorded presents toFr Hartke for the advantage of Catholic University for many years.
“Catholic University is the rightful owner of the gown, andFr Hartke’s estate does not have a home interest in it,” the school stated.
In a court movement submitted Friday that looks for a momentary injunction disallowing the auction, an attorney for Hartke’s niece, Barbara Ann Hartke, stated that the Wisconsin female will suffer “permanent injury” if the Bonham’s auction is enabled to continue prior to the resolution of her fit declaring ownership of the gown by the estate of her uncle.
“Because complainant’s possession remains in Defendant’s ownership and will be offered to the greatest bidding celebration, complainant will successfully lose the capability to recover ownership of hers and, or the estate’s residential or commercial property once the auction occurs,” Barbara Hartke’s legal representative, Anthony Scordo, likewise argued in his filing in U.S. District Court in Manhattan.
Scordo likewise composed, “There is a strong public interest for the court to go into an injunction here.”
“This residential or commercial property is … crucial to the American public for factors that are articulated in the VerifiedComplaint The reality that a vital part of Americana will not remain in the general public world and be lost permanently,” Scordo composed.
The gown is among just 2 gowns understood to still exist of the numerous produced for Garland to use in 1939’s “The Wizard of Oz.” The other gown was auctioned in 2015 by Bonham’s for more than $1.5 million.
Judge Paul Gardephe has actually not yet ruled on the movement looking for a momentary injunction. Neither Bonham’s nor Scordo has actually reacted to ask for remark.
CNBC exposed previously today that Barbara Hartke had actually taken legal action against the university and Bonham’s after she stated she just just recently gained from press reports that the gown talented to her uncle was quickly increasing for auction after having actually been lost for years.
The gown was discovered last July in a garbage bag in the university’s drama department.
Catholic University wishes to offer the gown to raise cash for its drama school, which Gilbert Hartke established.
The priest was offered the gown in 1973 by his pal, the starlet Mercedes McCambridge, who credited him with assisting her handle her alcohol addiction.
Around the time McCambridge offered him the gown, she was serving as the voice of the satanic force Pazuzu in the scary motion picture “The Exorcist,” which was recorded in Washington.
She formerly had actually won an Academy Award for Best Supporting Actress in 1949 for her efficiency in “All the King’s Men,” and was nominated in the same category for her role in “Giant,” which starred Elizabeth Taylor, James Dean and Rock Hudson.
Gilbert Hartke himself was a popular figure in Washington theater who “was quite the guy about town,” comfy at the White House and in D.C.’s power dining establishments as he rubbed elbows with the capital city’s political and social elite, The Washington Post kept in mind in his 1986 obituary when he passed away at age 79.
Hartke likewise was among 2 Catholic priests asked by the widow of President John Kennedy to stick with his body at the White House prior to his funeral service after his 1963 assassination.
But in spite of his high profile, Hartke as a priest was bound by his vow of hardship, Catholic University kept in mind in its declaration Friday mentioning that the school is the legal owner of the gown.
“Catholic University comprehends the solemnity of these promises, as did McCambridge andFr Hartke at the time of the contribution to Catholic University,” the statement said. “Consistent with these promises, the gown was a present to moreFr Hartke’s crucial tradition of constructing the School of Drama here at CatholicUniversity
“The University’s research of contemporaneous sources and the evidence fully demonstrates McCambridge’s intent to donate the dress to support the drama students at Catholic University. The complaint provides no evidence to the contrary.”
The university stated that when the gown was found last summertime, “Catholic University did not reach out to the family of Fr. Hartke because the dress was gifted to Catholic University for the benefit of the students in the Rome School.”
Barbara Hartke’s legal representative Scordo, in his movement looking for to obstruct the auction, argued that postponing the scheduled sale of the gown up until her claim is dealt with will not damage Catholic University or Bonham’s economically.
“Entry of an injunction here is warranted and will place no undue burden on the defendants,” Scordo composed.
“Defendants can not argue that the hold-up in auctioning the residential or commercial property will trigger
any damage whatsoever offered the time that has actually expired because the death of decedent. There is no
sign that the reasonable market price will experience any genuine modification needs to the auction be
delayed pending resolution of this lawsuits.”
But Scordo stated Barbara Hartke “will be the party harmed here should this auction not be enjoined.”
