Karl van Beethoven relative Ludwig van Beethoven
Custody battle
Following Kaspar's death in 1815, his brother Ludwig sought to take legal action against his wife, Johanna, for sole custody of her son, Karl. Ludwig found Johanna to be an unfit and immoral mother. In addition, Kaspar had left his brother custody of Karl in Article V of his last will and testament dated 14 November 1815: "I make my brother Ludwig van Beethoven the guardian of my son Karl ..." The original last will, drawn up two days before Kaspar died, read: "Along with my wife I appoint my brother Ludwig Van Beethoven co–guardian." Ludwig objected to the phrases, "Along with my wife" and "co–" and forced them to be deleted. Later, he would recall: "This I had my brother bring about since I did not wish to be bound up in this with such a bad woman in a matter of such importance as the education of the child."After the amendment, however, Kaspar, drew up a codicil which stated: "God permit [my wife and brother] to be harmonious for the sake of my child's welfare." Four days following his death, Johanna and Ludwig were made co–guardians of Karl. Ludwig immediately filed a petition to the Imperial Royal Landrechete requesting sole guardianship. On 9 January 1816, the Landrechete awarded custody of Karl to his uncle. The ongoing custody battles between Karl's mother and his uncle took place between the years 1815 and 1820.
The numerous trials took an emotional toll on Karl. Not only was he compelled to give testimony shortly after his father's death in 1815; but he was denied from seeing his mother once his uncle took custody of him in 1816. When Karl disobeyed these orders, he was forcibly returned to his uncle by the police. Ludwig told his staff that Karl would benefit from little to no contact with his mother. During his teenage years, under his uncle's ward, Karl was enrolled in various schools. He was forced to take piano lessons from pianist and composer Carl Czerny. Ludwig was angered when Czerny told him that Karl had little musical ability or talent. Many of Ludwig's closest friends implored him to end the fight for his nephew, but he seemed obsessed with becoming the boy's father. Despite this obsession, it has been noted that Karl was considered to be lazy and dishonest. On the other hand, his disobedience and character development seems to coincide with certain events and direct influences within his life. For instance, Ludwig's constant barrage of insults toward Johanna as a "bad" and even "poisonous" presence in his life, seemed to have created the same "bad" identification in Karl. As well, his school reports declined dramatically as the Appellate Court hearing drew near.On account of this behavior, Ludwig enrolled Karl in the Vienna boarding house Giannatasio del Rio from 1817 to 1818, and the Pensionat Blöchlinger in 1819. When Karl's mother attempted to visit him at his school, the director informed his uncle asking that she not interfere with his studies. Ludwig sought an injunction so that Johanna could not see Karl without his consent. Johanna became so incensed by this that she brought a series of court suits against Ludwig. The obsession, Ludwig claimed, was more in keeping with a promise to his brother's last will: ". . . since my greatly beloved brother has helped me so often with truly brotherly love in the most magnanimous and generous fashion that he will in the future transfer the love so often shown me as well as the friendship to my son Karl and that I expect with full confidence and in full reliance on his noble heart; I trust that he will do everything in his power for the mental education of my son and for his further career and I know that my brother will not refuse this my request.”
kin family member kinsman kinswoman relation by marriage