Tag: woman in gold

08 Apr

The Display of Plundered Art

Noah Weisberg Beneficiary Designations, Capacity, In the News Tags: , , , , , , , , , , , , , , , , , , 0 Comments

Cornelius Gurlitt passed away in May 2014, aged 81, and is well known amongst the art community for his vast collection of famous works of art ranging from Chagall to Picasso.  A recent article in the Guardian highlights the storied controversy surrounding Gurlitt’s estate and the steps taken to comply with his Will.

Z4SBGYA12RMuch of Gurlitt’s famed art collection was passed down to him by his parents and grandparents who allegedly obtained much of the artwork by Nazi theft during World War II.  In 2012, during a tax investigation, German customs officials discovered over 1,000 pieces of art worth an estimated 1 billion euros.

According to the Wall Street Journal, while on his deathbed, Gurlitt apparently signed a Will bequeathing his estate (including the artwork) to a small museum in Bern, Switzerland, the Kunstmuseum Bern, on the condition that the museum take steps to determine which works had been stolen by the Nazis and to return those pieces of art to their rightful heirs.  Apparently the choice of a foreign institution was made on the basis that Gurlitt felt the German government had treated him unjustly.

It appears that in the event the museum declined the collection, it would pass to Gurlitt’s distant relatives.  Concern arose that in the event these relatives beneficially received the artwork, it would be difficult to ensure they complied with Gurlitt’s instructions for restitution.  As such, pundits urged the museum to take on the task to ensure that the research into the artwork was done professionally and responsibly.

The museum has since accepted the artwork, with sorrow, and is showcasing Gurlitt’s pieces in conjunction with a second museum in Bonn, Germany, the Budeskunsthalle.  Although the showcasing in Bonn seems contrary to Gurlitt’s request for a foreign museum, the museum is nonetheless following Gurlitt’s most prominent wish to ensure stolen artwork is returned.

Proceedings were commenced by the distant relatives to challenge the Last Will on the basis that Gurlitt was not of sound mind when drafting the Will.  A successful Will challenge would result in the artwork passing to them.  The proceeding was dismissed by a German Judge, while an appeal remains pending.

I find Estates intertwined with famed art to be an enjoyable topic to research and read, as per my prior blog about the 2015 movie, Woman in Gold.  Perhaps though, it’s just an excuse to admire such beautiful artwork, with Gurlitt’s collection being one of the best.

Noah Weisberg

04 Sep

Painting Restituted to Heirs

Noah Weisberg Charities, Estate & Trust, Ethical Issues, Executors and Trustees, General Interest, In the News, Litigation, News & Events Tags: , , , , , , , 0 Comments

The 2015 movie, Woman in Gold, brought to the mainstream the Nazi appropriation of art throughout Europe and Russia, and the various art Restitution Board proceedings to repatriate art to their proper owner or heir.  For devotees of art, history, and estates, restitution of art continues to appear in the mainstream media providing emotional stories behind beautiful pieces of art, and the steps taken by estate representatives to recover property.

In 2008, the heirs of Saemy Rosenbaum and Isaak Rosenberg (the “Estate“) submitted a request for the return of the 1526 Hans Wertinger painting titled Bildnis Pfalzgraf Johann III (Portrait of ElectorPalantine Johan III).

Apparently, the Nazi Government required the owners, who were art dealers in Frankfurt, to sell the painting in 1936, and place the proceeds of sale into a Nazi Government bank account.  The painting ended up in the hands of an art collector in 1948, who bequeathed it to a museum in Stuttgart, Germany.

The claim for restitution appears to be based on the premise that, although the painting was sold, the owners were not free to make arms-lengths transactions, nor to use the proceeds freely.  An interesting read in the Economist, discusses the process of claiming looted artwork, alleging that it is often opaque, ad-hoc, expensive, and uncertain, given the fact that ownership records may be patchy.

Nonetheless, researchers at the museum have now been able to prove beyond a reasonable doubt that the Portrait of ElectorPalantine Johan III was in fact stolen from the original owners.  Therefore, the museum has since returned the looted artwork to the Estate.

Other recent art restitution cases have involved the Seated Woman, by Henri Matisse, and the aforementioned Woman in Gold, painted by Gustav Klimt.

Noah Weisberg

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