A jury in Kingston, New York, is set to determine control over the estate of Billy Name, the photographer renowned for documenting Andy Warhol's Silver Factory. The legal conflict pits Name's niece against his final agent, with two conflicting wills at the center of the dispute.
The case hinges on whether Name, who died in 2016, was mentally competent when he signed a 2015 will that left his entire artistic legacy to his agent, Dagon James. This later will superseded a 2011 version that named his niece, Suzette Linich, as the sole beneficiary.
Key Takeaways
- A jury trial is underway to resolve a dispute over the estate of Andy Warhol's official photographer, Billy Name.
- The conflict is between Name's niece, Suzette Linich, who holds a 2011 will, and his final agent, Dagon James, who holds a 2015 will.
- Linich's legal team argues Name lacked the mental capacity to sign the 2015 will and was subjected to undue influence.
- James maintains he was a close friend and that Name chose him to preserve his artistic legacy.
- The outcome will determine ownership of Name's valuable photographic archive and copyrights.
The Central Figures and the Contested Legacy
Billy Name, born William Linich, was an influential figure in the 1960s New York art scene. He was the only person to live in Andy Warhol's legendary Factory studio, where he served as the official photographer. His black-and-white images captured the era's most famous artists and celebrities, defining the visual identity of the "Silver Factory" period.
After leaving the New York art world in 1970, Name eventually returned to his hometown of Poughkeepsie. He remained close to his family, particularly his niece, Suzette Linich. In his later years, he was represented by Dagon James, a publisher who helped organize and promote his work.
Two Competing Wills
The legal battle began after Name's death in 2016. Suzette Linich presented a will from 2011 that designated her as the executor and sole heir to her uncle's estate. This will was initially probated in April 2017.
However, Dagon James filed a counterpetition in January 2018. He produced a more recent will, signed by Name in 2015, which named James as the executor and left the entire estate to him. This set the stage for a protracted legal fight over who rightfully controls Name's valuable artistic assets.
Who Was Billy Name?
Billy Name was a pivotal artist and archivist of the Pop Art movement. After impressing Andy Warhol by covering his own apartment in silver foil and paint, Warhol invited him to do the same to his new studio, giving birth to the "Silver Factory." Warhol gave Name a camera, and for seven years, he documented everything from the creation of iconic artworks to candid moments with figures like Bob Dylan, Edie Sedgwick, and Lou Reed.
Allegations of Undue Influence and Diminished Capacity
The core of Suzette Linich's case is the claim that her uncle's health had severely declined by 2015, leaving him vulnerable to manipulation. The family asserts that Name lacked the mental capacity to execute a new will and that James exerted undue influence over him.
In court filings, Name's family described his condition in his final years. They stated he suffered from arthritis, diabetes, and depression, and experienced periods of confusion. They allege that James took advantage of Name's poor health and a perceived romantic infatuation to have the will changed in his favor.
"Uncle Bill was completely under Dagon’s romantic and financial control, so much that Uncle Bill was unable to refuse and too weak to resist Dagon’s actions," Suzette Linich wrote in an affidavit.
Medical records presented in court show that Name had multiple hospital visits in 2015 for issues including urinary tract infections and dehydration, which were noted to cause mental confusion. Linich also stated that conversing with her uncle became difficult, often limited to one-word answers.
A Different Perspective
Dagon James presents a starkly different account of his relationship with Name. He testified that they were close friends and that Name was lucid and mentally sharp during his final years. James denied any romantic relationship and stated Name explicitly told him he wanted him to manage his legacy.
According to James, Name was frustrated with his family, feeling they did not visit or care about him. The attorney who drafted the 2015 will supported this view, testifying that Name spoke "clearly and forcefully" about his decision to leave his estate to James, whom he trusted to preserve his work.
The Path to a Jury Trial
The case has traveled a long road through the New York court system. In January 2021, a Surrogate Court judge, Sara McGinty, granted a summary judgment in favor of Dagon James. The judge determined there was no evidence of abuse of trust and probated the 2015 will. She concluded Name changed his will to "entrust his artistic legacy to the person most likely to preserve it."
However, Suzette Linich appealed this decision. In January 2023, the state Supreme Court’s Appellate Division reversed the lower court's ruling. The appellate judges found that while fraud was not proven, there was enough contradictory evidence regarding Name's mental state and the claim of undue influence to warrant a jury's consideration.
This reversal sent the case back for a full jury trial, which is currently underway. The jury will be tasked with weighing the conflicting testimonies and evidence to decide which will is valid.
The Stakes for an Artistic Legacy
The outcome of the trial will have significant implications. The person who controls the estate will own the copyrights to Name's photographs and manage all future licensing, exhibitions, and publications. This represents not only a source of income but also the power to shape how future generations see and understand a key period in American art history.
Dagon James currently operates a website for the Billy Name estate, where he promotes licensing for the photographer's images. He has argued that his work as an agent, including publishing a comprehensive book of Name's photos in 2014, demonstrates his commitment to preserving the legacy.
Suzette Linich has stated that if she prevails, she plans to establish a Billy Name Museum in Poughkeepsie. Her goal is to give her uncle "proper credit for his genius" and honor him as both an artist and a person. She has refused offers to settle the case, telling reporters, "I don’t want a man who took advantage of my uncle to profit."
