Rare Book Monthly

Articles - December - 2016 Issue

Sendak Foundation Outscores the Rosenbach 252-88 in Battle Over Children's Author's Estate

One suspects Sendak would have wanted to strangle the parties for fighting over his bequest (Virginia tech Hillel photo).

One suspects Sendak would have wanted to strangle the parties for fighting over his bequest (Virginia tech Hillel photo).

A bitter dispute between two of the heirs of famed children's author Maurice Sendak has come to a conclusion, at least until/unless the Connecticut Probate Court's decision is appealed. The war was waged between the Maurice Sendak Foundation in his hometown of Ridgefield, Connecticut, and the Rosenbach of the Free Library of Philadelphia, which housed Sendak's papers for many years until his death. It was a split decision, but most observers believe the Foundation won. It would be hard to argue otherwise.

 

Sendak kept his personal papers at the Rosenbach in Philadelphia, which held numerous displays of his material over the years. Meanwhile, in his home in Ridgefield, Sendak kept a personal collection of books other than his own, a quite valuable collection. The Rosenbach and most observers undoubtedly believed Sendak would leave his personal papers to the Rosenbach, which had diligently cared for them over the years. What he did, instead, was a reversal of the obvious.

 

Sendak willed all of his papers, the great majority of which were housed at the Rosenbach, to a newly created foundation in Connecticut. Meanwhile, he willed his rare books, housed in Connecticut, to the Rosenbach. What was he thinking? Obviously, he assumed everything would be just fine between the trustees he appointed to manage his foundation and the Rosenbach. In a display of his expectation of cooperation, his will stated, "It is my wish that the Maurice Sendak Foundation Inc. make arrangements with the Rosenbach Museum and Library for the display of [his personally created writings and artwork] upon such terms and at such times as shall be determined by the Maurice Sendak Foundation Inc. in consultation with the Rosenbach Museum and Library." As one of the trustees reportedly pointed out, this doesn't obligate the Foundation to do anything, wishes not being commands. Cooperation this is not. Not even the Wild Thing would have been so naive in drafting a legal document with many millions of dollars at stake.

 

The Rosenbach quickly packed up the thousands of Sendak items it held, probably with a heavy heart, and shipped them off to Connecticut. The Foundation was not so fast. It held onto the books, resisting the Rosenbach's entreaties to send them south. Instead, it disputed the Rosenbach's claim on many of the items, saying they did not meet the terms of the bequest. In his will, Sendak bequeathed to the Rosenbach, "All of my rare edition books, including, without limitation, books written by Herman Melville and Henry James." It also gave the Philadelphia museum his letters and manuscripts written by persons other than himself, and his "Mickey Mouse collection."

 

Clearly, Sendak thought it would be obvious which items in his collection he intended to leave to the Rosenbach. The Rosenbach did, too. The Foundation took a more nuanced look. It concluded the "rare edition books" had to meet all three criteria, being "books," "rare," and "edition." That last one is a bit of a mystery. What is the difference between a "rare book" and a "rare edition book?" Which books are not "edition" books? I am perplexed by what book is not an "edition," unless, maybe, it is a manuscript. Perhaps Sendak was attempting to distinguish them from his manuscripts, but such would have been unnecessary since the Rosenbach was also getting his manuscripts. Ultimately, the court determined that there was a difference between "rare books" and "rare edition books," but did not say what that was, or whether it moved some books from one side of the fence to the other.

 

The Foundation did turn some of Sendak's books over to the Rosenbach, but withheld 340 somethings (obviously, I can't call them books). Of these, the court awarded 252 to the Maurice Sendak Foundation, and 88 to the Rosenbach. Among those awarded the Foundation were William Blake's very valuable Songs of Experience and Songs of Innocence, considered by most in the book trade to be books, but others might see them as collections of prints. This sounds like a victory for the Foundation, especially considering what was being disputed were items that looked like they might belong to the Rosenbach, while all of the material that looked like it belonged to the Foundation went directly to the Foundation. Each side described a certain amount of approval and disappointment with the verdict, with neither saying they would, or would not, appeal. However, the depiction of the verdict by the Foundation's attorneys says it all. On their website, Golenbock Eiseman Assor Bell & Peskoe described the verdict as "an important victory."

 

 

Update:  On November 28, the two institutions announced that they had resolved all remaining issues. There will be no appeals. The terms of the agreement were not disclosed, and it is not known whether any adjustments were made in the allocation of the material as made by the Probate Court.


Posted On: 2016-12-02 18:02
User Name: reeseco

This is all very sad, and totally at odds with Maurice's wishes. He and I became good friends as fellow Melville collectors. Let it serve as a warning to all book people to draft documents like wills using precise bibliographical language, not what lawyers might think of as bibliographical language. Bill Reese


Rare Book Monthly

  • Forum Auctions
    The Private Library:
    Fine Printing & Private Press books, the collection of the late David Chambers
    July 9, 2026
    Forum, July 9: Hassall (Joan) A large collection of over 300 original woodblocks of engravings for various books, v.d., with Hassall's engraver's glass water-globe (Qty) - Est. £10,000-15,000
    Forum, July 9: Eragny Press.- [Bradley (Katherine Harris) & Edith Emma Cooper], "Michael Field." Whym Chow, Flame of Love, one of only 27 copies, inscribed by Bradley, the rarest book from the press, 1914. - Est. £3,000-4,000
    Forum, July 9: [Moore (Thomas Sturge)] [Wood Engravings], 71 wood-engravings printed by David Chambers from the original blocks, the only set on Japanese Hosho paper, from an edition of 5 sets, [1970]. - Est. £3,000-4,000
    Forum Auctions
    The Private Library:
    Fine Printing & Private Press books, the collection of the late David Chambers
    July 9, 2026
    Forum, July 9: La Fontaine (Jean de) Contes et Nouvelles en vers, 2 vol., engraved plates after Eisen, fine early 19th century blue morocco, gilt, by Bradel l'ainé, Amsterdam [Paris], 1762. - Est. £2,000-3,000
    Forum, July 9: Erotica.- Prostitution.- Pretty Women of Paris (The); Their Names and Addresses, Qualities and Faults..., [Paris], privately printed at the Press of the Prefecture de Police, 1883. - Est. £3,000-4,000
    Forum, July 9: Vale Press.- Ricketts (Charles) & Lucien Pissarro. De la Typographie et de l'Harmonie de la Page Imprimée…, [one of 216 copies], bound in dark blue morocco tooled in gilt, by Sarah T.Prideaux, 1898. - Est. £1,000-1,500
    Forum Auctions
    The Private Library:
    Fine Printing & Private Press books, the collection of the late David Chambers
    July 9, 2026
    Forum, July 9: Martin (John) Illustrations of the Bible, complete set of 20 mezzotints, good impressions, rarely found in early states, [c.1831-1835]. - Est. £1,000-1,500
    Forum, July 9: Golden Cockerel Press.- Four Gospels of the Lord Jesus Christ (The), one of 500 copies, Mary Gill's copy, Waltham St. Lawrence, 1931 with a signed proof of engraving on japon numbered 10/10 (2) - Est. £5,000-7,000
    Forum, July 9: Boccaccio (Giovanni) The Decameron, 3 vol., vol.1 extra-illustrated by John Buckland Wright with c.150 erotic original drawings in pen & ink and pencil, 1886 [extra-illustrated c.1940]. - Est. £10,000-15,000
    Forum Auctions
    The Private Library:
    Fine Printing & Private Press books, the collection of the late David Chambers
    July 9, 2026
    Forum, July 9: Cox (Morris) Collection of Gogmagog Press Books, 35 vol., rare complete collection of printed books issued by the press, limited editions, most signed by Cox, 1957-83. - Est. £10,000-15,000
    Forum, July 9: Wynkyn de Worde.- [Terentius Afer (Publius)] [Comedie...], [Paris, Josse Badius: sold in London by Wynkyn de Worde, & others], [15 July 1504]. - Est. £4,000-6,000
    Forum, July 9: Mosley (James) Ornamented Types. Twenty-Three Alphabets from the Foundry of Louis John Pouchée, 2 vol., one of 10 copies for presentation, from an edition of 210, 1992-93. - Est. £1,000-2,000
  • Freeman’s, June 30. Thomas Jefferson’s “Birth of the New Nation” letter, carried to Paris with the Treaty of Peace, by a Jewish patriot. $100,000-200,000.
    Freeman’s, June 30. “The rockets’ red glare.” A British midshipman’s log recording the bombardment of Fort McHenry. $60,000-80,000.
    Freeman’s, June 30. The Critical Promotion of a Naval Hero, Oliver Hazard Perry Commission signed by James Madison, 1812. $40,000-60,000.
    Freeman’s, June 30. Born in the USA: First Day of Printing in the United States, July 4, 1776. $15,000-25,000.
    Freeman’s, June 30. One of the Earliest Printed Announcements of American Independence, in the Exceedingly Rare Original Wrappers, 1776. $10,000-15,000.
    Freeman’s, June 30. "The Two Big Guns of the N.Y. Yanks": A Striking Type 1 Press Photograph of Lou Gehrig's Hands. $8,000-12,000.
    Freeman’s, June 30. A Unique Contemporary Manuscript Account of Joseph Smith's Final Words to His Followers, the Day Before his Violent Death. $8,000-12,000.
    Freeman’s, June 30. The State of Minnesota Officially Certifies the Fourteenth Amendment to the Constitution Of the United States. $8,000-12,000.
    Freeman’s, June 30. Extraordinarily Large Manuscript Petition Signed by a Who's Who of Colonial New York to Queen Anne from the Colony of New York. $8,000-12,000.
    Freeman’s, June 30. Mickey Mantle's First Cover: The Earliest Front-Page Newspaper Image of Mickey Mantle, "Something Good from Joplin". $8,000-12,000.
    Freeman’s, June 30. A Call to Arms in the Months Following the Declaration of Independence: An Early Continental Army Recruitment Poster. $6,000-9,000.
    Freeman’s, June 30. Samuel Jones, the Statesman Behind the Newly Discovered "Jones Declaration": His Annotated Set Used in His Working Law Library. $6,000-9,000.
  • Forum Auctions
    The 10th Anniversary Sale
    Fine Books, Manuscripts and Works on Paper
    July 16, 2026
    Forum, July 16: Inundation papyrus. P.Michael 4, the ‘Inundation papyrus’, a geographical account of the Nile near Canopus, in Greek, remains of two columns from a manuscript scroll on papyrus, Egypt, second century CE. £12,000-18,000
    Forum, July 16: Book of Hours, use of Sarum, manuscript on vellum, 6 full-page miniatures, with famous Middle English inscriptions, Southern Netherlands for the English market, [c.1430]. £30,000-50,000
    Forum, July 16: Qu'ran, Arabic manuscript on burnished, stencilled, and gold-flecked paper, 447ff., Sultanate Gujarat, Ahmadabad, [after 1411 but no later than 1442]. £15,000-20,000
    Forum Auctions
    The 10th Anniversary Sale
    Fine Books, Manuscripts and Works on Paper
    July 16, 2026
    Forum, July 16: Turner (William). A New boke of the natures and properties of all wines that are commonly vsed here in England, rare first edition of the first English book on wine, By William Seres, 1568. £20,000-£30,000
    Forum, July 16: Spenser (Edmund). The Faerie Queene. first edition, Printed [by John Wolfe] for William Ponsonbie, 1590. £30,000-40,000
    Forum, July 16: Shakespeare (William). The Comedie of Errors, extracted from the first folio, Isaac Jaggard and Edward Blount, 1623. £15,000-20,000
    Forum Auctions
    The 10th Anniversary Sale
    Fine Books, Manuscripts and Works on Paper
    July 16, 2026
    Forum, July 16: Fleming (Ian). Casino Royale, first edition, signed presentation inscription from the author, 1953. £40,000-60,000
    Forum, July 16: d'Agoty (Jacques-Fabien Gautier). Anatomie de la Tête, first edition, Paris, chez le Sieur Gautier, 1748. £10,000-15,000
    Forum, July 16: Martial Arts.- Lee (Bruce). 'Praying Mantis style' Kung Fu book, containing numerous annotations, diagrams and graphs in Bruce Lee's hand, c. 1960. £50,000-70,000
    Forum Auctions
    The 10th Anniversary Sale
    Fine Books, Manuscripts and Works on Paper
    July 16, 2026
    Forum, July 16: Warre (Capt. Henry James). Sketches in North America and the Oregon Territory, first edition, rare hand-coloured issue, 1848. £30,000-40,000
    Forum, July 16: Norie (John William). The Marine Atlas, or Seaman's Complete Pilot for all the principal places in the known world..., 1826. £30,000-50,000
    Forum, July 16: Mao Tse-tung.- Kim Il-sung.-[Note book for visitors from China to Korea], signed by Mao and Kim, [Beijing, 1954]. £10,000-15,000
  • Sotheby’s
    Shelf Life: Books, Manuscripts and Works on Paper from the Library of Stanley J. Seeger and Christopher Cone
    25 June – July 7
    Sotheby’s, July 7: Ludwig van Beethoven. Autograph sketches for the overture "Die Weihe des Hauses", op.124, [1822], UNPUBLISHED. £150,000 to £200,000.
    Sotheby’s, July 7: Jane Austen. Pride and Prejudice, 1813, first edition, 3 volumes, contemporary half calf. £50,000 to £70,000.
    Sotheby’s, July 7: Walt Whitman. Leaves of Grass, Brooklyn, 1855, first edition, first issue, original green cloth, the Doheny copy. £50,000 to £70,000.
    Sotheby’s, July 7: Binding—Sangorski & Sutcliffe—Omar Khayyam. Rubaiyat, London, 1872, third edition, in a magnificent jewelled Peacock binding. £15,000 to £20,000.
    Sotheby’s, July 7: George Eliot. Middlemarch, Edinburgh and London, 1871, first edition in the original parts. £20,000 to £30,000.

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