A CACHE of as yet unseen Franz Kafka manuscripts will be made available online to scholars after an Israeli court ruled they weren't given as a gift to the secretary of the author's executor and friend, Max Brod.
According to the Tel Aviv Family Court decision, the papers, which were stashed away in safes and attics for years, will become the property of the National Library of Israel, which promised to scan and put them on its website.
"We are talking about a historical decision that brought justice to Max Brod and his friend Kafka," said Meir Heller, a lawyer for the library.
Harel Ashwall, the lawyer for the secretary's two daughters, disagreed and said he planned to appeal against the ruling.
The director of the Kafka Project at San Diego State University, Kathi Diamant, has said that papers that may be part of the collection may help scholars locate some Kafka notebooks that the Gestapo confiscated from the author's companion, Dora Diamant.
The dispute over the papers began with Brod, a German-language author best known for his Kafka biography and historical novels. Though Kafka's last wish was for his papers to be burnt, Brod kept them, ensuring the publication of The Trial and The Castle.
When Brod died in 1968, he left his estate to his secretary Esther Hoffe, who then left it to her daughters. The court ruled that the will intended for Brod's literary estate, including the Kafka manuscripts, to be given to a public institution and kept intact.
"We think that the decision does not reflect the intentions and desire of Max Brod, in fact the opposite is true," Mr Ashwall said in a response to the ruling. "We also think the ruling is flawed in legal terms."
For decades, Ms Hoffe declined to make the papers available to the public, frustrating archivists and scholars alike.
When the sisters, now in their 70s, attempted to ratify their mother's will in January 2008, the state of Israel intervened. The case landed in the family court, where the National Library became a party to the proceedings.
The library plans to catalogue and preserve the papers. "[Then], in the not so distant future, scan and open them up to all on the internet, in this way fulfilling Brod's will," said the library's director, Oren Weinberg.
During her lifetime, Ms Hoffe sold a handwritten manuscript of Kafka's The Trial for $1.98 million at a 1988 Sotheby's auction in London.
Frequently Asked Questions about this Article…
What did the Israeli court rule about the ownership of Franz Kafka's previously unseen manuscripts?
A Tel Aviv Family Court ruled that the cache of previously unseen Franz Kafka manuscripts were not given as a personal gift to Max Brod’s secretary and that the papers will become the property of the National Library of Israel.
Will the National Library of Israel make the Kafka manuscripts available online?
Yes. The National Library has said it will catalogue and preserve the papers and promised to scan them and put them on its website so scholars and the public can access them online.
Why were Kafka’s manuscripts kept out of public view for decades?
After Max Brod left his estate to his secretary, Esther Hoffe kept the papers in safes and attics and declined to make them available to the public, frustrating archivists and scholars for many years.
Could the newly released papers help scholars find other missing Kafka notebooks?
Possibly. Kathi Diamant, director of the Kafka Project at San Diego State University, said papers that may be part of the collection could help scholars locate some Kafka notebooks that the Gestapo confiscated from Dora Diamant.
Who is contesting the court decision and is there an appeal planned?
The two daughters of Esther Hoffe disagree with the ruling. Their lawyer, Harel Ashwall, said he planned to appeal the family court decision.
How does Max Brod’s will factor into the dispute over Kafka’s literary estate?
Although Brod left his estate to his secretary Esther Hoffe when he died in 1968, the court found the will was intended for Brod’s literary estate to be given to a public institution and kept intact, which supported transferring the manuscripts to the National Library.
Have Kafka manuscripts sold at auction, and what price levels have they reached?
Yes. The article notes that during her lifetime Esther Hoffe sold a handwritten manuscript of Kafka’s The Trial at a 1988 Sotheby’s auction in London for $1.98 million, showing that Kafka manuscripts can attract high prices at auction.
What will the National Library do to preserve and share the Kafka collection?
The library plans to catalogue and preserve the papers, and then scan them for online access. The library’s director, Oren Weinberg, said scanning and opening the documents on the internet will help fulfill Max Brod’s intentions for the literary estate.
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