A landmark ruling is shaking the art world in Memphis, thrusting the future of the Ernest Withers photo collection into uncertainty, which represents the only major photographic collection of its kind owned by an African American family.
The Withers collection, which comprises 1.8 million images, chronicles the Civil Rights Movement and Memphis history, capturing moments from Reverend Dr. Martin Luther King Jr. to the Negro Baseball League and icons like Aretha Franklin.
The priceless collection has been embroiled in legal battles for years, initiated by Withers’ son, Andrew “Rome” Withers, who sued over the management of the family trust that oversees the collection. In 2018, Chancery Court Judge Sara Kyle issued an order barring Andrew from challenging his sister, Rosalind Withers, who had been appointed trustee by her father, Ernest. This ruling secured Rosalind’s control of the trust and prohibited Andrew from selling or licensing any of its assets without her permission.
However, earlier this month, the case took a dramatic turn when Circuit Court Judge Rhynette Hurd assumed the case, overturning Judge Kyle’s previous rulings and transferring control of the collection to an attorney. Probate attorney Scott Peatross has been appointed as the new trustee. Live at 9 reached out for comment from Peatross but have not yet heard back.
This ruling has thrown the future of the archive into question, marking not just a family dispute but a pivotal moment for African American cultural heritage and Memphis history. As the city watches closely, the outcome of this case could have lasting implications for the preservation and accessibility of this irreplaceable collection.