Haydn, Mozart, & Beethoven: Studies in the Music of the Classical Period

By Sieghard Brandenburg | Go to book overview

17
Johanna van Beethoven's Embezzlement

SIEGHARD BRANDENBURG

In the legal proceedings that surrounded the question of the guardianship of Karl van Beethoven, a crucial role was played by paragraph 191 of the Allgemeines Bürgerliches Gesetzbuch für die deutschen Erbländer der österreichischen Monarchie (General Civil Code for the German Hereditary Lands of the Austrian Monarchy; hereafter cited as ABGB). Both when Beethoven was first appointed guardian in January 1816 and again when he was reinstated in April 1820, this paragraph, in one of its provisions, gave an incontestable legal ground for denying Johanna van Beethoven the right to be her own son's guardian: she had been convicted of a crime. According to paragraph 191, persons unfit to be guardians included those 'who have been found guilty of a felony',1 and that invalidated the provision made by the boy's father, Kaspar Karl van Beethoven, in the codicil to his will of 14 November 1815.2 Consequently, according to Paragraph 198 of the ABGB, since the minor's grandparents were no longer living, the charge fell to the

____________________
1
Para. 191 of the ABGB lists several things which might disqualify a person from acting as a guardian. In addition to the one cited in the text, they include being under age, suffering from physical or mental infirmity, and lacking the ability to provide a 'decent education' ('anständige Erziehung', meaning both 'upbringing' in general and 'education' in the scholastic sense) or the 'efficient administration of the inheritance' of the orphan. The age of the prospective guardian, or whether he or she had a criminal record, would be a matter of fact, but in many cases the other causes of disqualification would be hard to prove.
2
The original clause in Kaspar Karl van Beethoven's will of 14 Nov. 1815 read 'Fifthly, along with my wife I appoint my brother Ludwig van Beethoven co-guardian' ( Wien, Stadt- und Landesarchiv (hereafter WSLA), Hauptarchiv-Akten, Persönlichkeiten B 14, fos. 3-4). After deletions this became 'Fifthly, I appoint my brother Ludwig van Beethoven guardian'. The codicil of the same date (ibid., fos. 5-6) shows him reverting to his earlier wish 'that she [his wife] shall be my son's guardian as well as my brother'. Strictly speaking, this provision was against the law, which did not allow for equal, dual guardianship. When a woman was appointed guardian, the law required there to be a male co- guardian, who was only called on to act in circumstances where legal reasons prevented a woman from representing her own and her ward's interests.

-237-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Haydn, Mozart, & Beethoven: Studies in the Music of the Classical Period
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 328

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.