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Property Keyed to Merrill
Rothko v. Reis
Citation:372 N.E.2d 291
An abstract expressionist painter died testate on February 25, 1970. His estate consisted of 798 paintings of tremendous value. Rothko’s will was admitted to probate and letters testamentary were issued to Bernard Reis, Theodoros Stamos, and Morton Levine. Within a period of only three weeks and by virtue of two contracts, the executors dealt with all 798 paintings. By a contract of sale, the estate executors agreed to sell to Marlborough A.G., 100 Rothko paintings and to Marlborough Gallery approximately 700 paintings. Petitioner Kate Rothko, decedent’s daughter and a person entitled to share in his estate instituted this proceeding to remove the executors, to enjoin MNY and MAG from disposing of the paintings, to rescind the agreements between the executors and said corporations, for a return of the paintings still in possession of those corporations.
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