Legal Files
Object Details
- Collection Creator
- Cornell, Joseph
- See more items in
- Joseph Cornell papers
- Joseph Cornell papers / Series 10: Joseph Cornell Estate Papers
- Sponsor
- Funding for the processing and digitization of this collection was provided by the Getty Foundation and the Terra Foundation for American Art.
- Date
- 1966-1968, 1973-1983
- Archival Repository
- Archives of American Art
- Identifier
- AAA.cornjose, Subseries 10.2
- Type
- Archival materials
- Collection Citation
- Joseph Cornell papers, 1804-1986, bulk 1939-1972. Archives of American Art, Smithsonian Institution.
- Arrangement note
- Files are arranged, more or less, chronologically. Material in the files is arranged in rough reverse chronological order as that seems to have been how Benton typically compiled it.
- Collection Rights
- The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
- Scope and Contents note
- Subseries is comprised of Benton's files pertaining to various legal matters that arose in the course of administering Cornell's residual estate. Files primarily consist of copies of correspondence sent and received by Benton's lawyer, Dennis Hurley (of the firm, Behringer, Hurley and Hurley), on her behalf; copies of legal documents such as briefs, exhibits, court reporter's minutes, petitions, affidavits, and compromise agreements; and copies of income tax returns. Files primarily relate to the legal dispute between the executors of Cornell's estate (Richard Ader and Wayne Andrews) and members of Cornell's family (namely, Benton and her niece, Helen Batcheller). The main issue of dispute was the ownership of Cornell art works in the possession of family members. Also at issue was the ownership of the non-Cornell art works owned by Cornell, as well as whether or not certain Cornell material (such as source material and ephemera) was to be considered art work (since art works went to the Trust and remaining material went to Benton as part of the residual estate). Files also relate to the case in United States Tax Court, determining whether the value of the works transferred to Benton and Batcheller were includable within the gross estate of Cornell for federal estate tax purposes. To a lesser extent, files (especially correspondence) also relate to the estate tax proceedings of the Helen S. Cornell estate ( See also Series 1); the issue of ownership of the Bebe Marie doll (which initially belonged to Cornell's cousin, Ethel Storms, and was subsequently used by Cornell in the box, Untitled (Bebe Marie), in the 1940s); the charitable trust, the C and B (Cornell and Benton) Foundation, that Benton established as part of the compromise agreement with the executors; payment of gift taxes on works owned by Batcheller; and the appraisal, insurance and loan of Cornell works owned by Benton.
- Collection Restrictions
- Use of the original papers requires an appointment.
- Record ID
- ebl-1503512335132-1503512335266-5
- Metadata Usage
- CC0
