A foyer card from the movie ‘The Wizard Of Ounces,’ displays a movie nonetheless of a scene wherein American actress Judy Garland (1922 – 1969) (as Dorothy) wipes tears from the eyes of actor Bert Lahr (1895 – 1967) (because the Cowardly Lion), whilst watched by means of Jack Haley (1898 – 1979) (because the Tin Guy) (left), and Ray Bolger (1904 – 1987) (because the Scarecrow), 1939. The movie was once directed by means of Victor Fleming.
Hulton Archive | Moviepix | Getty Pictures
The Catholic College of The united states would possibly not give up Dorothy’s get dressed — with out a court docket combat.
The college insisted in a brand new commentary to CNBC that it — and now not the property of a overdue priest and drama professor — is the “rightful proprietor” of a as soon as long-lost get dressed worn by means of Judy Garland within the vintage movie “The Wizard of Ounces.”
The Washington, D.C., college additionally mentioned {that a} new lawsuit filed by means of the niece of the Rev. Gilbert Hartke, which targets to dam an upcoming public sale of the blue-and-white gingham get dressed, “has no foundation in legislation or reality.”
Gilbert Hartke have been proficient the get dressed in 1973.
The varsity’s commentary got here simply as a legal professional for Hartke’s 81-year-old niece requested a federal pass judgement on in New York Town in a brand new court docket submitting to factor a brief injunction that will no less than put off the Might 24 public sale of the get dressed at the college’s behalf. The get dressed is predicted to fetch up to $1 million or extra at an public sale held by means of Bonham’s in Los Angeles.
Hartke, as a Roman Catholic priest and member of the Dominican Order, “had taken a vow of poverty,” the varsity famous within the commentary.
“He vowed to not obtain or settle for any presents as his personal non-public assets, and on the time of his loss of life didn’t have any tangible pieces in his property,” Catholic College mentioned.
“If truth be told, a list of Fr. Hartke’s property performed in 1987 indexed not anything of worth in non-public possessions or any tangible assets of any kind, in spite of different documented presents to Fr. Hartke for the advantage of Catholic College through the years.
“Catholic College is the rightful proprietor of the get dressed, and Fr. Hartke’s property does now not have a assets pastime in it,” the varsity mentioned.
In a court docket movement filed Friday that seeks a brief injunction barring the public sale, a legal professional for Hartke’s niece, Barbara Ann Hartke, mentioned that the Wisconsin girl will endure “irreparable damage” if the Bonham’s public sale is authorized to continue ahead of the solution of her go well with claiming possession of the get dressed by means of the property of her uncle.
“As a result of plaintiff’s asset is in Defendant’s ownership and shall be bought to the very best bidding birthday celebration, plaintiff will successfully lose the power to reclaim ownership of hers and, or the property’s assets as soon as the public sale takes position,” Barbara Hartke’s legal professional, Anthony Scordo, additionally argued in his submitting in U.S. District Court docket in Big apple.
Scordo additionally wrote, “There’s a robust public pastime for the court docket to go into an injunction right here.”
“This assets is … essential to the American public for causes which can be articulated within the Verified Criticism. The truth that the most important a part of Americana is probably not within the public realm and be misplaced eternally,” Scordo wrote.
The get dressed is one among simplest two clothes identified to nonetheless exist of different created for Garland to put on in 1939’s “The Wizard of Ounces.” The opposite get dressed was once auctioned in 2015 by means of Bonham’s for greater than $1.5 million.
Pass judgement on Paul Gardephe has now not but dominated at the movement looking for a brief injunction. Neither Bonham’s nor Scordo has answered to requests for remark.
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CNBC printed previous this week that Barbara Hartke had sued the college and Bonham’s after she mentioned she simplest not too long ago discovered from press reviews that the get dressed proficient to her uncle was once quickly going up for public sale after having been misplaced for many years.
The get dressed was once discovered ultimate July in a trash bag within the college’s drama division.
Catholic College needs to promote the get dressed to boost cash for its drama faculty, which Gilbert Hartke based.
The priest was once given the get dressed in 1973 by means of his buddy, the actress Mercedes McCambridge, who credited him with serving to her care for her alcoholism.
Across the time McCambridge gave him the get dressed, she was once appearing because the voice of the demon Pazuzu within the horror film “The Exorcist,” which was once filmed in Washington.
She up to now had gained an Academy Award for Best possible Supporting Actress in 1949 for her efficiency in “All of the King’s Males,” and was once nominated in the similar class for her position in “Massive,” which starred Elizabeth Taylor, James Dean and Rock Hudson.
Gilbert Hartke himself was once a outstanding determine in Washington theater who “was once very a lot the person about the city,” comfy on the White Area and in D.C.’s energy eating places as he rubbed elbows with the capital town’s political and social elite, The Washington Publish famous in his 1986 obituary when he died at age 79.
Hartke additionally was once one among two Catholic monks requested by means of the widow of President John Kennedy to stick with his frame on the White Area ahead of his funeral after his 1963 assassination.
However in spite of his top profile, Hartke as a clergyman was once sure by means of his vow of poverty, Catholic College famous in its commentary Friday mentioning that the varsity is the criminal proprietor of the get dressed.
“Catholic College understands the solemnity of those vows, as did McCambridge and Fr. Hartke on the time of the donation to Catholic College,” the commentary mentioned. “In step with those vows, the get dressed was once a present to additional Fr. Hartke’s essential legacy of establishing the Faculty of Drama right here at Catholic College.
“The College’s analysis of contemporaneous resources and the proof absolutely demonstrates McCambridge’s intent to donate the get dressed to reinforce the drama scholars at Catholic College. The criticism supplies no proof on the contrary.”
The college mentioned that once the get dressed was once came upon ultimate summer season, “Catholic College didn’t achieve out to the circle of relatives of Fr. Hartke for the reason that get dressed was once proficient to Catholic College for the advantage of the scholars within the Rome Faculty.”
Barbara Hartke’s legal professional Scordo, in his movement looking for to dam the public sale, argued that delaying the deliberate sale of the get dressed till her lawsuit is resolved is not going to hurt Catholic College or Bonham’s financially.
“Access of an injunction here’s warranted and can position no undue burden at the defendants,” Scordo wrote.
“Defendants can’t argue that the prolong in auctioning the valuables will purpose
any hurt by any means given the time that has elapsed for the reason that loss of life of decedent. There’s no
indication that the honest marketplace worth will revel in any actual exchange will have to the public sale be
postponed pending solution of this litigation.”
However Scordo mentioned Barbara Hartke “would be the birthday celebration harmed right here will have to this public sale now not be enjoined.”
