We
have now had a translation of the
Deed of Assignment (commonly know as “the WILL” of Garabed Melkonian)
online for over two months.
What
does it actually say?
To
a person with almost no legal background it actually says a lot, and
in very simple and unambiguous language that is not open to interpretation.
In
short this Deed of 28/12/1925 (11am) says that it cancels the arrangements
of the previous 2 previous Deeds of Gift and sets up a set of new
arrangements in order to carry on the mission of MEI and “to
ensure their [2 Melkonian schools known as ‘Melkonian Establishments’]
continued existence”.
The
mission of MEI, with which Garabed Melkonian tasks the AGBU with,
is not ‘azkabahbanoum’,
but ‘to ensure the education of
poor young Armenians’ (see Clause VII).
These
new arrangements are very simple but very specific: Garabed
Melkonian assigns a substantial amount of property (all his factories,
stocks, lands in Egypt etc) to AGBU Lausanne, with the instructions
that the AGBU liquidate said property and transform these into securities
to be deposited “half in the
bank of England and the other half in the United States Federal Bank
in Washington, or in any other bank held to be secure by the Armenian
General Benevolent Union and will there be formed into a trust”.
This
Trust
is to be called “Melkonian Fund”.
Details
of the assigned properties is listed is listed in detail (but
he does not give MEI or any right to sell its lands to AGBU) and forms
a total of EŁ425,092 and 475/000 (including Net Debtors) [I
guess Aznive Papazian’s accounting lessons did pay off after all].
Let
us not worry about how much that money is worth today for teh moment,
but let’s pay attention to this point: “Only
the interest and income from this capital will be devoted to and used
in the service of the above described goals”.
Garabed
Melkonian also arranges for the following minor annual payments from
the interest generated:
EŁ5000
to be paid to him till the end of his life
EŁ1000
to the Armenian Patriarchy of Constantinople
EŁ1000
to the Armenian Patriarchy of Jerusalem
EŁ3000
to Armenian University of Yerevan.
After
the reinvestment of all this wealth into the banks, the only right
given to the AGBU is that of appointing the MEI Board of Directors.
In
case, if AGBU goes bankrupt or cannot support the school, Etchmiadzin
is asked to appoint a new board of directors, and the Banks holding
the invested wealth are specifically instructed to start paying the
interests to the new Board of Directors in order to continue running
the schools as normal.
Nowhere
in this Deed of assignment does it say that the property of MEI of
around 32 deunum (42,810 m2 in Cypriot deunums and 80,000
m2 in Egyptian deunums) is assigned to the AGBU.
MEI
belongs to the ‘Melkonian Fund’! – which is supposed to remain untouched
even if AGBU goes bankrupt!
Neither
does this document give any right to the AGBU to
sell any of MEI’s lands nor does this document give any
right to the AGBU to touch any
of the invested wealth in ‘Melkonian Fund’ – that fund should have
stayed intact in accordance with this agreement.
Additionally
and most importantly it
does not give the AGBU the right to spend any of the interest from
the Melkonian Fund on anything but the MEI and specific minor arrangements.
So
what does this mean?
It
means that the AGBU CB decided to bully the wrong fellas – the Melkoniantsis;
and now they will have to get a lot of old dusty archives out – because
they will be in serious trouble the moment that Melkoniantsis take
them to court.
They
will have to show exactly how they have been spending the interests
from the Melkonian Fund in Lausanne in the last 78 years.
They
will also have to show us how come all that is left of Melkonian Fund
is a miserable $5,500,000, while it should have been around $1,400,000,000.
But this is all peanuts, because this deed also means that the sale
of Lands in 1980s was totally ILLEGAL !!!