Looted Objects Missing | Pending | Restituted | Resolved
 
 

Resolved Objects

Each object tells a story. Some are still missing, some are restituted or resolved, and some have cases still pending. The circumstances of looting and the efforts for recovery are just as fascinating as the famous works of art themselves.

Vincent Van Gogh, View of Asylum and Chapel at Saint Remy, 1889

Van Gogh View of Asylum and Chapel at St RemyVincent Van Gogh’s View of the Asylum and Chapel at Saint-Remy from 1889, painted in the last year of the artist’s life, reflects the sadness and vulnerability of the painter himself. The awkward composition positions the central elements of the scene, a group of boxy buildings including the asylum and chapel, into the upper third of the canvas. In contrast to the typical landscape layout which uses a horizon line to divide the page this choice leaves a large empty field in the foreground of the composition. The engaging energy of the work transports the viewer into the moment in which the artist found himself absorbed.

This painting’s complex history begins with its creation so nearly followed by the painter’s tragic suicide. The details of the painting’s provenance are somewhat uncertain, but in recent months these details have become the center of a court battle between the actress Dame Elizabeth Taylor and three decedents of Margarete Mauthner when the heirs filed a claim for the painting.

Margarete Mauthner, a German Jew owned the View of the Asylum and Chapel at Saint-Remy when she lived Germany. In 1939, she fled to South Africa and it is unclear as to whether the painting was confiscated by the Nazis or whether Ms. Mauthner sold the painting legally before leaving Germany.

Mrs. Taylor’s side claimed the piece had passed through the hands of at least two Jewish art dealers without being suspected as looted before being sold to Sotheby’s in 1963 where she purchased she work. Mauthner’s great grandchildren, Sarah-Rose Joseph Adier and Mark and Andrew Orking, claimed that the piece fell out of Mauthner’s possession due to Nazi interference and thus under the 1998 US Holocaust Victims Redress Act, they had rights to the piece.

Although the provenance of the painting is disputed, both sides agree that the work eventually landed in the hands of Alfred Wolf, a Jewish art dealer who fled Germany in 1933 for Argentina. Wolf sold the painting to Sotheby’s where it was purchased at a London auction in 1963 by Elizabeth Taylor’s father on her behalf for £92,000 (today the piece is worth between £5 and £8 million).

In May 2004, Taylor requested that a court decision be made naming her the lawful owner of the painting. In October of that year Ms. Mauthner’s descendants filed a claim for the return of the painting to them. A decision in 2004 by a US court and another decision in 2007 by an appeals court found Taylor to be justified in keeping the piece on several grounds.

First, the court found that the 1998 US Holocaust Victims Redress Act, does not grant individuals the right to sue for the return of such pieces. Second, the court ruled that the descendents had waited too long to file their claim for the piece. Since the original sale of the piece had been a high profile purchase, that the family should have been aware of the location of their painting. Thus their delayed request was not to be honored by the courts.

The family was hoping to overturn rulings of the US Court of Appeals and the California District Court. Howev er, In October 2007, the U.S. Supreme Court judges decided not to review the appeals court ruling on the basis that is was too late to bring further action.

This painting’s story is one of great ambiguity. No one knows for sure how Ms. Mauthner came to lose possession of her Van Gogh painting, but Elizabeth Taylor is allowed to keep the painting.

 

 

 



Paul Gauguin, Street Scene in Tahiti

Emil Nolde, Bumengarten (Utenwarf)

Vincent Van Gogh, View of Asylum and Chapel at Saint Remy

 

 

 

 

 

 

For more information please contact info@sagerecovery.com