The Makropulos Affair (or The Makropoulos Case , The Makropulos Secret , or, literally , The Makropulos Thing ; Czech Věc Makropulos ) is a Czech opera in 3 acts, with music and libretto by Leoš Janáček . Janáček based his opera on the play Věc Makropulos by Karel Čapek . Composed between 1923 and 1925, The Makropulos Affair was his penultimate opera and, like much of his later work, was inspired by his infatuation with Kamila Stösslová , a married woman much younger than himself.
68-639: The opera received its world premiere at the National Theatre in Brno on 18 December 1926, conducted by František Neumann . Janáček had seen the play early in its run in Prague on 10 December 1922, and immediately saw its potential as an opera. He entered into a correspondence with Čapek, who was accommodating towards the idea, although legal problems in securing the rights to the play delayed work. When these problems were cleared on 10 September 1923, Janáček began work on
136-1021: A San Francisco Opera production in November 2010. The production was filmed live, and was later streamed for free for two days in July 2020 during the COVID-19 pandemic lockdown . Mattila reprised the role at the Metropolitan Opera in April 2012, in Helsinki at the Finnish National Opera in August–September 2012, and in the semi-staged version at The Proms in the Royal Albert Hall in August 2016. Kolenatý's law office, Prague, 1922 Vitek, Kolenatý's clerk, notes that
204-505: A court approves the validity of a will and grants authority to the executor named in the will to distribute the deceased person's assets according to the instructions in the will. The process generally involves the following steps: The main source of English law is the Wills Act 1837 . Probate, as with the law of family settlements (trusts), was handled by the Court of Chancery . When that court
272-403: A court having jurisdiction of the decedent's estate (a probate court) supervises the probate process to ensure administration and disposition of the decedent's property is conducted in accord with the law of that jurisdiction, and in a manner consistent with decedent's intent as manifested in his will. Distribution of certain estate assets may require selling assets, including real estate. Some of
340-438: A descendant of Ferdinand Makropoulos can claim the estate. Emilia offers to buy a mysterious document found with the will, but Jaroslav refuses and leaves. Albert returns and again pleads his love, but Emilia merely falls asleep, and Albert leaves. Janek returns, and Emilia asks him to get the document for her. Jaroslav overhears this, and orders Janek to leave. He then agrees to provide the document himself if Emilia will spend
408-406: A doctor who takes Count Hauk-Šendorf away. Kolenatý has noticed that Emilia's handwriting matches that of Ellian MacGregor and suspects her of forgery. She leaves the room to get dressed, and says that after she has had her breakfast, she will clarify everything. The rest of the party begins to search her papers and belongings. The searchers find many documents and keepsakes, all bearing names with
476-468: A famous singer she has seen rehearsing, and admits that she will never be the artist Emilia Marty is. Kolenatý returns to his law office. Emilia Marty enters displaying an interest in the Gregor case, which Kolenatý summarizes for her. Baron Joseph Ferdinand Prus died in 1827, leaving no will or legitimate children. His cousin claimed the estate, but so did Albert's ancestor, Ferdinand Gregor, who asserted that
544-438: A lawyer. With the application for probate, the applicant must also provide the original of the will, an official death certificate (not the one issued by a medical professional), a copy of the death notice and a statement of the known assets and liabilities of the deceased estate. The applicant may also be required to have published a notice in a major newspaper of an intention to make the application for probate. After probate
612-470: A paragraph in Latin of standard format was written by scribes of the particular probate court below the transcription of the will, commencing with the words (for example): Probatum Londini fuit huiusmodi testamentum coram venerabili viro (name of approver) legum doctore curiae prerogativae Cantuariensis... ("A testament of such a kind was proved at London in the presence of the venerable man ..... doctor of law at
680-466: A pet name and asks him for a kiss. All except Jaroslav leave. He demands an explanation of her strange interest in his family, and reveals that the mother of the Baron's child was recorded as Elina Makropulos , who might be the same as Ellian MacGregor , whose love letters he has read. Prus describes her as a passionate woman with flexible morals, to which Emilia takes offense. He continues saying that only
748-615: A potion that would extend his life. When the potion was ready, the Emperor ordered his alchemist to test it on his daughter first. She fell into a coma , and Hieronymus was sent to prison. After a week, Elina woke up and fled with the formula, which proved successful. She has since lived an itinerant life for three centuries, becoming one of the best singers of all time. To conceal her longevity, she has assumed many identities, including 'Eugenia Montez', 'Ekaterina Myshkin', and 'Ellian McGregor'. She confided her secret to Baron Joseph and gave him
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#1732906163874816-592: A production by the Sadler's Wells company in London in 1964, conducted by Charles Mackerras with Marie Collier as Emilia Marty. While performed with some regularity, it has not become part of the core opera repertory in the same way as have Jenůfa , Káťa Kabanová or The Cunning Little Vixen . In 1966, the San Francisco Opera gave the first US performances (in an English translation), also with Marie Collier in
884-552: A sense of transcendence and purpose come from a naturally short span of life. Aging rapidly before the eyes of the astonished onlookers, she offers Kristina the formula so she now can become a great artist herself. However, Kristina burns the parchment in a candle flame. Elina collapses as she recites the first words of the Lord's Prayer in Greek . National Theatre Brno The National Theatre Brno ( Czech : Národní divadlo Brno )
952-527: A surviving spouse, a grant is not usually required. A will includes the appointment of an executor or executors. One of their duties is to apply to the Probate Division of the High Court for a grant of probate. An executor can apply to a local probate registry for a grant themselves but most people use a probate practitioner such as a solicitor. If an estate is small, some banks and building societies allow
1020-411: A valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing
1088-495: A valid will, it is more than likely that the grant is a grant of probate . If there was no will, the grant required is likely to be a grant of administration . There are many other grants that can be required in certain circumstances, and many have technical Latin names, but the general public is most likely to encounter grants of probate or administration. If an estate has a value of less than £5,000.00 or if all assets are held jointly and therefore pass by survivorship, for example to
1156-480: A will, but only a copy of the will can be located, many states allow the copy to be probated, subject to the rebuttable presumption that the testator destroyed the will before death. In some cases, where the person named as executor cannot administer the probate, or wishes to have someone else do so, another person is named administrator. An executor or an administrator may receive compensation for his service. Additionally, beneficiaries of an estate may be able to remove
1224-417: Is a stub . You can help Misplaced Pages by expanding it . This article about an opera house or structure is a stub . You can help Misplaced Pages by expanding it . Probate Sections Contest Property disposition Common types Other types Governing doctrines In common law jurisdictions , probate is the judicial process whereby a will is "proved" in a court of law and accepted as
1292-523: Is an opera, ballet and drama company in the Czech Republic , that nation's second busiest. It was established in 1884 on the model of the National Theatre company in Prague. Today it runs the biennial Janáček Festival, in November, and has three venues: 49°11′48″N 16°36′47″E / 49.19667°N 16.61306°E / 49.19667; 16.61306 This European theatre-related article
1360-421: Is better suited to the task. The appointment of an administrator follows a codified list establishing priority appointees. Classes of persons named higher on the list receive priority of appointment to those lower on the list. Although relatives of the deceased frequently receive priority over all others, creditors of the deceased and 'any other citizen [of that jurisdiction]' may act as an administrator if there
1428-452: Is generally used within the English legal profession as a term to cover all procedures concerned with the administration of a deceased person's estate. As a legal discipline the subject is vast and it is only possible in an article such as this to cover the most common situations, but even that only scratches the surface. All legal procedures concerned with probate (as defined above) come within
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#17329061638741496-454: Is granted, executors are empowered to deal with estate assets, including selling and transferring assets, for the benefit of the beneficiaries. For some transactions, an executor may be required to produce a copy of the probate as proof of authority to deal with property still in the name of the deceased person, as is invariably the case with the transfer or conveyance of land. Executors are also responsible for paying creditors and for distributing
1564-518: Is in love with, and in a relationship with, Janek. Emilia enters, but spurns them all, including Janek, who falls under her spell, and Albert, who brings her expensive flowers. The old Count Hauk-Šendorf enters, and thinks he recognizes Emilia as Eugenia Montez, a Romani woman with whom he had an affair in Andalusia half a century before. Emilia tells him Eugenia is not dead, and in Spanish , calls him by
1632-445: Is no will or if the will does not contain a valid appointment of executors (for example if they are all dead) then the PRs are called "administrators". So, executors obtain a grant of probate that permits them to deal with the estate and administrators obtain a grant of administration that lets them do the same. Apart from that distinction, the function of executors and administrators is exactly
1700-524: Is some cognizable reason or relationship to the estate. Alternatively, if no other person qualifies or no other person accepts appointment, the court will appoint a representative from the local public administrator's office. The English noun "probate" derives directly from the Latin verb probare , to try, test, prove, examine, more specifically from the verb's past participle nominative neuter probatum , "having been proved". Historically during many centuries
1768-491: Is the primary function of the Probate Registries, which are part of the High Court, which the general public and probate professionals alike apply to for grants of representation. There are many different types of grants of representation, each one designed to cover a particular circumstance. The most common cover the two most common situations—either the deceased died leaving a valid will or they did not. If someone left
1836-511: The Prerogative Court of Canterbury...") The earliest usage of the English word was in 1463, defined as "the official proving of a will". The term " probative ", used in the law of evidence , comes from the same Latin root but has a different English usage. Probate is a process of improvement that proves a will of a deceased person is valid, so their property can in due course be retitled (US terminology) or transferred to beneficiaries of
1904-590: The Royal Albert Hall ) and in August 2016 (with the BBC Symphony Orchestra , in a semi-staged concert version). The Australian premiere was in 1996, with the Australian Opera, conducted by David Stanhope. (Richard Synott "THE AO DOES JANACEK PROUD", Financial Review , 2 February 1996 https://www.afr.com/politics/the-ao-does-janacek-proud-19960202-k6rim ) Karita Mattila sang the title role in
1972-466: The probate case of Gregor v. Prus has been going on for almost a century. Kolenatý represents the middle-class Gregors against the wealthy and aristocratic Prus family. Albert Gregor comes in to ask about the case. Kolenatý is at the Supreme Court, but has not returned because he is expecting the final resolution. Vitek's daughter Kristina, enters. She is a young opera singer, and praises Emilia Marty,
2040-448: The Baron had promised the estate to him. Each party presented different evidence to support their case, but neither could proffer an actual will. Here Emilia interrupts. Speaking with unusual familiarity of these long-ago events, she states that Ferdinand Gregor was the out-of-wedlock son of Baron Joseph (who was a very centered and diligent man, contradicting Dr. Kolenatý's description) and opera singer Ellian MacGregor. Kolenatý says that
2108-410: The administration of the estate; this can leave the family facing additional costs. It is possible to get a professional executor to renounce their role, meaning they will have no part in dealing with the estate; or to reserve their power, which means the remaining executors will carry out the related duties, but without the involvement of the professional executor. When a person dies without a will then
The Makropulos Affair (opera) - Misplaced Pages Continue
2176-476: The applicant can shortly before that point apply to extend. A caveat is not to be used to extend the time for bringing a claim for financial provision from a person's estate, such as under the Inheritance (Provision for Family and Dependants) Act 1975 . The court can order costs against an applicant using a caveat for that purpose. To challenge the caveat, the intended executor sends a completed " warning " form to
2244-418: The appointed executor if he or she is not capable of properly fulfilling his or her duties. The representative of a testate estate who is someone other than the executor named in the will is an administrator with the will annexed , or administrator c.t.a. (from the Latin cum testamento annexo .) The generic term for executors or administrators is personal representative . The probate court may require that
2312-536: The case seems to be on the side of the Prus family, because there is no will. Emilia asks what would be required for Albert Gregor to win, and Kolenatý answers that the missing will is such an item. Emilia says that there is in fact a will, and describes an old cupboard in the Prus mansion where important papers were kept, where that document may be found. Kolenatý thinks Emilia is inventing stories, but Albert insists that Kolenatý investigate at once, and even threatens to take
2380-404: The case to a rival lawyer. Kolenatý leaves, and Albert tells Emilia that if he does not get the estate, he will be penniless and shoot himself. He is already infatuated with Emilia, and makes advances to her. But Emilia, bored and indifferent, coldly refuses him. However, she asks his help in retrieving a document that will be found with the will. Kolenatý returns with Jaroslav Prus. They found
2448-436: The course of probate proceedings on behalf of the administrator or executor of the estate. Probate lawyers may also represent heirs, creditors and other parties who have a legal interest in the outcome of the estate. In common law jurisdictions, probate ("official proving of a will") is obtained by executors of a will while letters of administration are granted where there are no executors. In Australia, probate can refer to
2516-534: The death of the testator. After the testator dies, the person named in the will as executor can decline or renounce the position, and if so should quickly notify the probate court accordingly. Executors "step into the shoes" of the deceased and have similar rights and powers to wind up the personal affairs of the deceased. This may include continuing or filing lawsuits that the deceased was entitled to bring, making claims for wrongful death , paying off creditors, or selling or disposing of assets not particularly gifted in
2584-429: The deceased as trustee. Applications for probate are made to the probate office in the jurisdiction with which the deceased has a close connection, not necessarily where the person died. Normally, only the executor of a will can apply for a grant of probate, and it is their duty to obtain probate in a timely manner. Executors can apply for probate themselves (which is often done to reduce legal fees) or be represented by
2652-430: The deceased person's property under a will. A probate court decides the legal validity of a testator 's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative ), generally named in
2720-427: The deceased's immediate family to close accounts without a grant, but there usually must be less than about £15,000 in the account for this to be permitted. The persons who are actually given the job of dealing with the deceased's assets are called "personal representatives" or "PRs". If the deceased left a valid will, the PRs are the "executors" appointed by the will—"I appoint X and Y to be my executors etc." If there
2788-407: The decedent died with a will, the will usually names an executor (personal representative), who carries out the instructions laid out in the will. The executor marshals the decedent's assets. If there is no will, or if the will does not name an executor, the probate court can appoint one. Traditionally, the representative of an intestate estate is called an administrator . If the decedent died with
The Makropulos Affair (opera) - Misplaced Pages Continue
2856-444: The decedent's property may never enter probate because it passes to another person contractually , such as the death proceeds of an insurance policy insuring the decedent or bank or retirement account that names a beneficiary or is owned as "payable on death", and property (sometimes a bank or brokerage account) legally held as "jointly owned with right of survivorship". Property held in a revocable or irrevocable trust created during
2924-509: The disruptive, unsettling main character Emilia Marty/Elina Makropulos. Only at the end of the final act, when Makropulos' vulnerability is revealed, does the music tap into and develop the rich lyrical vein that has driven it throughout. Janáček was making adjustments to the score almost right up to the premiere in Brno. Two years after its premiere, the opera was given in Prague, and also in Germany in 1929, but it did not become really popular until
2992-474: The entireties , if a spouse (or partner in Hawaii) dies intestate (owning property without a will), the portion of his/her estate so titled passes to a surviving spouse without a probate. If the decedent dies without a will, known as intestacy , with the exception of real properly located in another jurisdiction , the estate is distributed according to the laws of the jurisdiction where the decedent resided . If
3060-547: The executor(s) authority to uplift money or other property belonging to a deceased person (e.g. from a bank), and to administer and distribute it according to either the deceased's will or the law on intestacy . Most estates in the United States include property that is subject to probate proceedings. If the property of an estate is not automatically devised to a surviving spouse or heir through principles of joint ownership or survivorship, or otherwise by operation of law , and
3128-520: The formula, which he attached to his will for his son. However, the document was lost among the Baron's papers after his death. The potion is finally wearing off. Elina had wanted the formula to gain another 300 years of life. As the first signs of old age appear on her face, the others, initially disbelieving her story, come to believe her, and to feel pity for her. Elina has realized that perpetual youth has led her to exhausted apathy and resolves to allow death to come naturally to her, understanding that
3196-404: The grantor's lifetime also avoids probate. In these cases in the U.S. no court action is involved and the property is distributed privately, subject to estate taxes. The best way to determine which assets are probate assets (requiring administration) is to determine whether each asset passes outside of probate. In jurisdictions in the U.S. that recognize a married couple's property as tenancy by
3264-527: The initials 'E.M.' Jaroslav says that the handwriting of Elina Makropulos on Ferdinand's birth certificate also matches that of Emilia. Emilia returns, drunk and with a pistol, but Albert disarms her. Emilia decides to tell the truth. She is Elina Makropulos, born in 1575 (not 1585, as in Čapek's eponymous original stage play, which premiered in 1922), daughter of Hieronymus Makropulos, an alchemist in Emperor Rudolf II 's Court, who ordered him to prepare
3332-536: The jurisdiction of the Chancery Division of the High Court of Justice by virtue of Section 25 of the Senior Courts Act 1981 . The High Court is, therefore, the only body able to issue documents that confer on someone the ability to deal with a deceased person's estate—close bank accounts or sell property. It is the production and issuing of these documents, known collectively as grants of representation , that
3400-530: The lead role. The first New York City performance was in December 1967, by the Little Orchestra Society with Naděžda Kniplová as Emilia Marty. The first Metropolitan Opera production of the opera, in an English translation, had its opening night on 5 January 1996, but ended prematurely only a few minutes into act 1 when tenor Richard Versalle , 63, whilst climbing the 20-foot (6.1 m) ladder which
3468-458: The legal personal representative is known as the "administrator". This is commonly the closest relative, although that person can renounce their right to be administrator, in which case the right moves to the next closest relative. This often happens when parents or grandparents are first in line to become the administrator but renounce their rights on the grounds that they are elderly, do not possess knowledge of estate law, or feel that someone else
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#17329061638743536-590: The night with him. Emila's hotel room the next morning Emilia and Jaroslav have spent the night together. Though disappointed by Emilia's coldness, Jaroslav nonetheless gives her the envelope containing the document. News arrives that his son Janek has committed suicide because of his infatuation with Emilia. Jaroslav grieves, but Emilia is indifferent. Jaroslav hardly has time to express his anger at her reaction before Count Hauk-Šendorf enters. Hauk-Šendorf says that he has left his wife and wants to elope with Emilia to Spain . Albert, Kolenatý, and Kristina enter, with
3604-407: The opera. By December 1924, he had completed the first draft of the work. He spent another year refining the score, before completing it on 3 December 1925 . Musically, much of the piece has little in the way of thematic development, instead presenting the listener with a mass of different motifs and ideas. Janáček's writings indicate that this was a deliberate ploy to give musical embodiment to
3672-481: The probate registry. This document will be sent to the person who entered the caveat, and for the caveat to remain, they will have to enter an appearance at the probate registry. This is not a physical appearance; it is a further document to send to the probate registry within eight days of receiving the warning. The equivalent to probate in Scotland is confirmation , although there are considerable differences between
3740-476: The process of proving the will of a deceased person and also to a grant of probate, the legal document that is obtained. There is a Supreme Court probate registry in each jurisdiction that deals with probate applications. However, each state and territory has slightly different laws and processes in relation to probate. The main probate legislation is as follows: Probate is required if the deceased person owned real property or if his or her other assets are above
3808-500: The residual assets in accordance with the will. Some Australian jurisdictions require a notice of intended distribution to be published before the estate is distributed. Inheritance law in Canada is constitutionally a provincial matter . Therefore, the laws governing inheritance in Canada is legislated by each individual province . The probate process in Ontario is a legal process where
3876-502: The same. A requirement of the probate process is the valuation of the estate. For an explanation of the intestacy probate process in England and Wales, see Administration of an estate on death . An applicant may challenge the validity of a person's will after they have died by lodging a caveat and requisite fee at the probate registry. This prevents anyone from obtaining a grant of probate for that person's estate for six months, which
3944-416: The threshold amount, which is usually $ 50,000 for major banks and lower thresholds for other financial institutions. Assets that had been “ owned jointly ” (but not assets held “ in common ”) pass automatically to the other joint owner and do not form part of the deceased estate. Also, benefits from life insurance on the deceased paid directly to a nominee are not part of the estate, nor are trust assets held by
4012-508: The transfer of assets from small estates through affidavit or through a simplified probate process. For example, California has a "Small Estate Summary Procedure" to allow the summary transfer of a decedent's asset without a formal probate proceeding. The dollar limit by which the small estate procedure can be effectuated was $ 150,000 before a statutory increase was implemented on a three-year schedule, arriving at $ 184,500 by April 2022. For estates that do not qualify for simplified proceedings,
4080-458: The two systems because of the separate Scottish legal system . Appointment as an executor does not in itself grant authority to ingather and distribute the estate of the deceased; the executor(s) must make an application to the sheriff court for a grant of confirmation. This is a court order authorising them to "uplift, receive, administer and dispose of the estate and to act in the office of executor". A grant or certificate of confirmation gives
4148-419: The will where Emilia said it would be, and Jaroslav congratulates Albert on his victory – if he can prove that Ferdinand Gregor was the Baron's out-of-wedlock son. Emilia says that she can prove that. The empty stage of the opera house A stagehand and a cleaning woman discuss Emilia's extraordinary performance. Jaroslav Prus enters, seeking Emilia, accompanied by his young son Janek, and Kristina. Kristina
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#17329061638744216-418: The will, among others. But the role of the executor is to resolve the testator's estate and to distribute the estate to the beneficiaries or those otherwise entitled. Sometimes, in England and Wales, a professional executor is named in the will – not a family member but (for example) a solicitor, bank or other financial institution. Professional executors will charge the estate for carrying out duties related to
4284-460: The will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested . An executor is a person appointed by a will to act on behalf of the estate of the will-maker (the " testator ") upon his or her death. An executor is the legal personal representative of a deceased person's estate. The appointment of an executor only becomes effective after
4352-553: The will. As with any legal proceeding, there are technical aspects to probate administration: Local laws governing the probate process often depend on the value and complexity of the estate. If the value of the estate is relatively small, the probate process may be avoided. In some jurisdictions and/or at a certain threshold, probate must be applied for by the executor/administrator or a probate lawyer filing on their behalf. A probate lawyer offers services in probate court, and may be retained to open an estate or offer service during
4420-616: The work in the original Czech occurred in April 1998. Tomáš Šimerda directed a 2001 version of the opera for Czech television, with Gabriela Beňačková as Emilia Marty, and a cast that included Roman Sadnik , Jan Hladík, Zdeněk Šmukař, Monika Brychtová, and Pavel Kamas, with the Brno National Theatre Chorus and Orchestra and conductor Oliver von Dohnányi . The opera has been performed twice at The Proms , in August 1995 (the Glyndebourne production presented in concert at
4488-517: Was abolished in 1873, their jurisdiction passed to the Chancery Division of the High Court . When someone dies, the term "probate" usually refers to the legal process whereby the deceased's assets are collected together and, following various legal and fiscal steps and processes, eventually distributed to the beneficiaries of the estate. Technically the term has a particular legal meaning, but it
4556-400: Was not transferred to a trust during the decedent's lifetime, it is generally necessary to "probate the estate", whether or not the decedent had a valid will . For example, life insurance and retirement accounts with properly completed beneficiary designations should avoid probate, as will most bank accounts titled jointly or made payable on death. Some states have procedures that allow for
4624-457: Was part of the set, fell 10 feet (3.0 m) from the ladder, from a heart attack, immediately after singing Vitek's line: "Too bad you can only live so long". His death was reported that same evening. The scheduled second performance on 8 January 1996 was cancelled because of severe winter weather, and the first full performance of the Metropolitan Opera production did not take place until 11 January 1996. The first Metropolitan Opera performances of
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