The Violin Conspiracy(62)
Therefore, please be advised that it is my client’s contention, pursuant to well-established case law most recently upheld in Reif v. Nagy, 175 A.D.3d 107 (2017), as follows:
The Marks family’s original ownership of the violin is undisputed;
Leon Marks unlawfully obtained possession of the violin;
Because the initial transfer of the violin was involuntary, all subsequent transfers of the violin, i.e., to Mr. McMillian, are null and void; and
Thomas and Lobelia Marks remain the true owners of the violin.
The Marks family is not unsympathetic to Mr. McMillian’s situation, however, and is willing to settle at an agreed-upon sum if I hear from you within the next ten (10) days.
If I do not hear from you within the time frame set forth above, please be advised that my clients have authorized me to file suit in the relevant jurisdiction, as necessary.
Sincerely,
Albert Bonavincenzo
He called Kim back. “They’re not going away,” he said.
“It doesn’t seem so,” she agreed. “They’re willing to spend serious money to keep this going. I have to warn you that this is going to get expensive.”
“How expensive?”
“Not sure yet. But our firm will ask for a thirty-thousand-dollar retainer if they file suit.”
Thirty thousand dollars, Ray thought. How could he come up with $30,000? As he was trying make his mouth work and respond to her, Kim went on, “There’s one piece in the letter that sticks out to me. The violin ‘went missing sometime during or after December 1864.’ That feels very precise, doesn’t it? This was around when the Emancipation Proclamation was being issued. That was in 1863, and the Thirteenth Amendment was ratified at the end of 1865. But I’d think if the violin went missing, and if they’d ‘diligently sought its repossession,’ they’d have included some kind of documentation that shows this, wouldn’t they?”
“So you think there’s hope for me?”
“Again, too early to tell. Stolen-art cases can get messy.”
“Okay,” he said, not sure he understood. “What’s next?”
“If you agree, I’ll write this lawyer a letter asking for more information. Let’s see what we can uncover. Let’s see if we can buy you some time before they file a lawsuit. If they file in North Carolina, we’ll need to obtain cocounsel down there, and that will be even more expensive for you.”
He closed his eyes. Somehow it was easier to not see the world right then. “What should I do in the meantime?”
“Talk to your family,” she said. “See if you can get any further information on the violin’s history.”
“Wait a minute,” he said, slowly. His tongue suddenly felt thick in his mouth, as if it were difficult to speak around. “Hold on a sec. There might be something.”
“What do you mean?”
“Back when I was in high school, I found something up in my grandma’s attic.” He flashed back to that enormous attic and his systematic search: buried in boxes under one of the eaves, a yellow dresser with round shiny green draw handles, like eyes. “There was an envelope that had the name Leon Marks written on it. I took it downstairs and gave it to my grandma. I thought she’d want it.”
“What happened to it?”
“No idea.”
“Well, this is great news. Documentation might make the Markses go away forever,” Kim said.
That night, Ray called Aunt Joyce. He seemed to remember that she was the keeper of family documents and that his mom had called her the family historian. When she answered, he said, “I don’t want to bug you too much, but I need a favor.”
Canned TV laughter roared in the background and then grew muted. She must have turned down the volume. “Is everything okay? What do you need?”
“I’m trying to track down any letters or any documents about PopPop and the fiddle. Do you have anything?”
“I don’t think so,” she said slowly. “I have Mama’s and Daddy’s birth certificates and some letters and papers, I think. I don’t think I have anything about PopPop. I can look, though. What do you need it for?”
“It’s really important. Anything you can find will help me. I think I saw an envelope when I was in Grandma’s attic—I gave it to her and didn’t see it again. It had the name Leon Marks written on it.”
“Oh, okay. I’ll look. Is everything okay?”
“These crazy people are threatening to sue me for the violin. They’re saying that PopPop stole it from their family. And that it really belongs to them.”
“What? You have got to be kidding me.”
“Yeah, so I need any type of documentation that proves it belongs to us.”
“Wait. You’re telling me the slave owners’ family are saying that PopPop stole the violin from them?”
“Uh, yeah. That’s what I’m saying.”
“That is totally fucked up,” Aunt Joyce said firmly. “Typical crazy white folks. I’ll see what I can dig up. Mama used to keep a bunch of old papers in boxes. I haven’t even opened them since she passed. I’ll find you something.”