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Showing posts with label Jacques Goudstikker. Show all posts
Showing posts with label Jacques Goudstikker. Show all posts

August 1, 2018

Wednesday, August 01, 2018 - ,,,,, No comments

Sad Conclusion: The case is von Saher v Norton Simon Museum of Art at Pasadena et al, 9th U.S. Circuit Court of Appeals, No. 16-58308.

The protracted multi-million dollar lawsuit regarding the 480-year-old paintings of Adam and Eve by Lucas Cranach the Elder at the Norton Simon Museum that has lasted more than ten years has now come to a close.  A three-judge panel of the United States Court of Appeals for the Ninth Circuit in a unanimous decision, has ruled in favour of the museum and not Marei von Saher, the sole surviving heir of the Dutch-Jewish art dealer Jacques Goudstikker, who has long sought to recover her father in law’s artworks, looted during the Second World War. 

Throughout this protracted judicial process, Saher, had sought the return of the two 500-year-old biblical-themed paintings, which at one point had been appraised at $24 million.  

Jacques Goudstikker was once considered to be the preeminent dealer of Old Master paintings in Amsterdam and is estimated to have amassed an extraordinary collection of some 1400 works of art of the course of his professional career.  When Germany began its assault on Holland on May 10, 1940, Goudstikker knew that his family's time was up. As Rotterdam burned and the Nazi invasion under Reichsmarschall Göring gained speed, Goudstikker, his young wife Désirée von Halban Kurtz, and their infant son Edo boarded the SS Bodegraven, a ship docked at the port city of IJmuiden, departing for England and then on its way to the Americas. 

Goudstikker inventory of property

Unable to transport his collection with him, Goudstikker carried a neatly typed inventory of his property in a black leather notebook.  This notebook detailed artworks by important Dutch and Flemish artists like Jan Mostaert and Jan Steen, as well as works by Peter Paul Rubens, Giotto, Pasqualino Veneziano, Titian, Rembrandt, Vincent van Gogh as well as the Cranachs.  Unfortunately, in a further tragic twist of fate, Goudstikker lost his life on his journey to safety, breaking his neck in an accidental fall through an uncovered hatch just two days into the departing ship's voyage.

In less than a week after the German Luftwaffe of the Third Reich crossed into Dutch airspace, Dutch commanding general General Henry G. Winkelman surrendered and the country fell under German occupation.   As a result, Amsterdam came under a civilian administration overseen by the Reichskommissariat Niederlande, which was dominated by the Schutzstaffel.  

Goudstikker's collection was quickly liquidated in a forced sale typical of many World War II -era art thefts.  Nazi Reichsmarschall Hermann Göring himself cherry picked many of the choicest art works, including these two 6-1/4 foot (1.9 meters) tall Cranach panels. Göring went on to send more than 800 paintings to Germany, some of which were hung in his private collection at Karinhall, his country estate near Berlin.

On Monday, July 30, 2018, the three-judge panel with the United States Court of Appeals for the Ninth Circuit, which is the U.S. Federal court with appellate jurisdiction over the district courts in Alaska, Arizona and the Central District of California applied “the act of state doctrine,” validated the 1966 sale of the paintings by the Dutch government, which by then owned them, to George Stroganoff-Scherbatoff who in turn sold them to the Norton Simon in 1971.

“The act of state doctrine,” limits the ability of U.S. courts, in certain instances, from determining the legality of the acts of a sovereign state within that sovereign's own territory and is often applied in appropriations disputes which immunizes foreign nations from the jurisdiction of U.S. courts when certain conditions are satisfied.

The judges held that in order for von Saher’s claim to have been upheld, the  court would have been required to invalidate the official acts of the Dutch government. Specifically, the Dutch government’s conveyance of the paintings to Stroganoff-Scherbatoff would have needed to have been deemed legally inoperative.  Additionally the panel would have needed to disregard both the Dutch government’s 1999 decision not to restore von Saher’s rights to the paintings, and its later statement that her claim to the paintings had “been settled.”

To view the Judges' opinion entirety, please download the file from the ARCA website here.

By:  Lynda Albertson

February 15, 2018

Thursday, February 15, 2018 - ,,,,, No comments

An appeal that could have a strong legal significance on Holocaust-era claims in the United States

The protracted multi-million dollar lawsuit regarding the 480-year-old paintings of Adam and Eve by Lucas Cranach the Elder at the Norton Simon Museum has lasted more than ten years.  The lawsuit against the museum, began with a quest undertaken by Marei von Saher, the sole surviving heir of the Dutch-Jewish art dealer Jacques Goudstikker, who has long sought to recover her father in law’s artworks, looted during the Second World War.   Throughout this lengthy process, Saher, has sought the return of two 500-year-old biblical-themed paintings, appraised at $24 million.  

Jacques Goudstikker was once considered to be the preeminent dealer of Old Master paintings in Amsterdam and is estimated to have amassed an extraordinary collection of some 1400 works of art of the course of his professional career.  When Germany began its assault on Holland on May 10, 1940, Goudstikker knew that his family's time was up. As Rotterdam burned and the Nazi invasion under Reichsmarschall Göring gained speed, Goudstikker, his young wife Désirée von Halban Kurtz, and their infant son Edo boarded the SS Bodegraven, a ship docked at the port city of IJmuiden, departing for England and then on its way to the Americas. 


Unable to transport his collection with him, Goudstikker carried a neatly typed inventory of his property in a black leather notebook.  This notebook detailed artworks by important Dutch and Flemish artists like Jan Mostaert and Jan Steen, as well as works by Peter Paul Rubens, Giotto, Pasqualino Veneziano, Titian, Rembrandt, Vincent van Gogh and many others.  Unfortunately, in a further tragic twist of fate, Goudstikker lost his life on his journey to safety, breaking his neck in an accidental fall through an uncovered hatch just two days into the ship's voyage.

In less than a week after the German Luftwaffe of the Third Reich crossed into Dutch airspace, Dutch commanding general General Henry G. Winkelman surrendered and the country fell under German occupation.   As a result, Amsterdam came under a civilian administration overseen by the Reichskommissariat Niederlande, which was dominated by the Schutzstaffel.  

Goudstikker's collection was quickly liquidated in a forced sale typical of many World War II -era art thefts.  Nazi Reichsmarschall Hermann Göring himself cherry picked many of the choicest art works, sending more than 800 paintings to Germany.   Some of which were hung in Göring's private collection at Karinhall, his country estate near Berlin.

On Wednesday, February 14, 2018, a three-judge panel with the United States Court of Appeals for the Ninth Circuit, which is the U.S. Federal court with appellate jurisdiction over the district courts in Alaska, Arizona and the Central District of California heard oral arguments from Von Saher’s attorney, Lawrence Kaye from Herrick Feinstein on the return of the paintings from the Norton Simon Museum.  

In his presentation, Kaye disagreed with U.S. District Court Judge John F. Walter's earlier ruling that the Norton Simon Museum is the rightful owner of the paintings on the basis that the Dutch government couldn't assert ownership of artwork it received through external restitution.  In his oral statements he asserted that:


Whatever decision the Appellate court makes in this case will have broad legal ramifications for how forced sale restitution cases are heard in the US Courts.  When the arguments conclude, the judges' panel will either uphold the ruling of the lower court in favor of the Norton Simon Museum,  reverse the earlier decision in favor of von Saher, or send the case back down to the lower court for trial. 

By:  Lynda Albertson

May 11, 2012

Friday, May 11, 2012 - ,,,,,, No comments

Update: Von Saher vs. Norton Simon Museum and Norton Simon Foundation

Marei von Saher, the daughter-in-law of Jewish art dealer Jacques Goudstikker, filed a Notice of Appeal on March 22, 2012 to the U. S. Court of Appeals for the Ninth Circuit regarding her case against the Norton Simon Museum in Pasadena to recover Lucas Cranach's diptych "Adam" and "Eve".  Her opening brief is not due for several months.

Von Saher is represented by Lawrence M. Kaye and Howard N. Spiegler of Herrick, Feinstein of New York and Donald S. Burris and Randol Schoenberg of Burris, Schoenberg & Walden of Los Angeles.  Herrick, Feinstein recovered "Portrait of Wally" and Schoenberg recovered the Adele Bloch-Bauer paintings by Gustav Klimt for families who had lost possession of the works during the Holocaust. 

Mike Boehm for the Los Angeles Times wrote about the case here last week.

June 30, 2011

Thursday, June 30, 2011 - ,, No comments

Update on Lucas' "Cranach's Adam and Eve" at The Norton Simon Museum: Laura Gilbert's Blog "Art Unwashed" Comments on "Supreme Court Declines to Hear Art Restitution Cases"

by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

Laura Gilbert, through her Art Unwashed blog, reported Monday June 27th that the Supreme Court decided not to hear Von Staher v. Norton Simon Museum which we have covered extensively on the ARCA blog ["The Norton Simon Museum's Adam and Eve Part I and II" here and here, "The Stroganoff Collection in 1800 by Alexander Stroganoff"]. Her comments on the case are of course thoughtful and well-worth reading. As a member of the Norton Simon Museum and as a resident of Pasadena living within a one-mile walk of the Lucas Cranach paintings, I will confess to being very attached to them staying in California. However, I would like to comment that research does support that these paintings were purchased by Jacques Goudstikker in Berlin in 1931 and that the Jewish art dealer was forced to flee Amsterdam by the Nazis in 1940. His Black Notebook clearly states that these paintings were owned by him at the time of his death and later transferred to the Nazis in a force sale. Provenance research by myself -- and by The Getty Research Institute -- has not supported the Dutch government's decision in the 1960s to turn over the paintings to an heir of the Stroganoff family who then sold them to Norton Simon. Someday I will share with readers my misadventures and the countless twists and turns I have taken in trying to find any mention of Lucas Cranach's "Adam" and "Eve" in the Stroganoff Collection -- it is a fascinating story for those of us who love to research, however, the only conclusion would have to be that they never were owned by any member of the Stroganoff family before the Bolshevik Revolution in 1917. The question left to me after months and hours of research is how did this paintings end up in a church in the Ukraine?

October 20, 2010

Wednesday, October 20, 2010 - ,,,,, No comments

The Norton Simon Museum’s Adam and Eve Part II

The following is part two of an examination of the Norton Simon Museum's Adam and Eve by Catherine Sezgin. The first installment can be found here.

Goudstikker Collection sold to Nazis in 1940
When war broke out in the Netherlands on May 14, 1940, Jewish art dealer Jacques Goudstikker fled his home and was forced to leave behind his gallery and a trading stock of 1,113 inventoried works of art. During the war, the Nazis occupied the Netherlands for five years and sent more than 100,000 Dutch Jews to concentration camps. Only 5,000 Dutch Jews survived. More than 45,000 Dutch citizens were charged with collaborating with the Nazis. Goudstikker’s art gallery, his artworks, and his real estate were all sold without either his or his family’s permission.

The Goudstikker trio escaped on the SS Bodegraven, a ship traveling to South America, when on May 16th Jacques, seeking some fresh air from the hull, went up to the deck of the ship and died when he fell through an uncovered hatch. He was carrying a black notebook, which his wife Désirée recovered, that detailed and numbered his artworks. The Goudstikker “Blackbook” described works by Rembrandt, Steen, Ruisdael, Van Gogh, and listed Cranach’s Adam and Eve as Numbers 2721 and 2722 with a note that they were purchased at the Lepke Auction House and were from the Church of Holy Trinity in Kiev. 

Not long after Goudstikker’s fatal accident, the person he left in charge of his business also died. Two employees, friendly to the Nazis, assumed control of the business and then sold all of Goudstikker’s assets to a German banker, Alois Miedl, who lived in the Netherlands. Within two weeks, two more purchase agreements were executed – one that gave the gallery and real estate to Miedl and another that gave a majority of the artworks to General Field Marshall Hermann Göring, the second-in-command for the Third Reich. During the war, Göring looted paintings, drawings, antiquities, and sculptures for his private estate. Both Goudstikker’s widow and his mother, the other shareholder, objected to these transactions. In addition to payment of more than 2.5 million Dutch guilders – a gross amount not the net proceeds set aside for the Goudstikker heirs -- the involuntary sale promised personal protection to Goudstikker’s mother who had chose to remain in Amsterdam. The gallery employees who arranged the sale also received proceeds from the illegal transaction for their cooperation.

Göring sent Cranach’s Adam and Eve to Carinhall, his country estate near Berlin, where they remained until the Allied Forces’ invasion of Germany.

Goudstikker’s widow recovers only some assets after World War II
In 1943, the United Nations declared that looted property recovered after the war was to be restored to its nation of origin for return to its original owner. In May 1945, Allied Forces discovered Göring’s collection of artworks, including Cranach’s “Adam” and “Eve”, and sent them to the Munich Central Collecting Point. In 1946, Allied Forces returned the artworks from the Goudstikker Collection to the government of the Netherlands so that they could be restituted to their owners.

In 1946, Jacques Goudstikker’s widow, Désirée, returned to Amsterdam to retrieve her property. For five years she negotiated with the Dutch government and in an agreement in 1952, Goudstikker settled with the Dutch state to “(re-)purchase” more than 300 art objects in exchange for waiving any ownership rights to any other art objects delivered to Miedl during the war. However, the agreement did not address the almost 800 artworks that were delivered to Göring in Germany.

From Scherbatoff to Simon
In 1961, a Russian American Naval Officer, George Stroganoff Scherbatoff, found “Adam” and “Eve” in the national collection in The Netherlands and claimed that his ancestor Stroganoff had owned the painting. In 1966, Scherbatoff made a payment to the Dutch Government and received possession of the diptych. Norton Simon purchased the paintings in 1971 for $800,000 from Scherbatoff through a dealer in New York. Simon displayed the paintings at the National Gallery of Art in Washington in 1971 and the Princeton University Art Museum in 1972. “Adam” and “Eve” have been on display in Simon’s Pasadena museum since 1979.

Reclaiming the Goudstikker Collection
Through the help of a Dutch journalist who wrote a book about the Goudstikker Collection, Marei von Saher, received new information about her father-in-law’s gallery inventory and made a claim for the paintings in 1998 that the Dutch government declined. That same year, 44 governments participated in the Washington Conference on Holocaust-Era Assets to acknowledge that many Nazi looted art objects had not been reunited with their wartime owners and encouraged countries to create databases and processes to return un-restituted art. In 2004, she applied for recovery to the Restitutions Committee to investigate wartime claims, and two years later, the Committee affirmed that the sale of the Goudstikker Gallery had been illegal, regardless of the amount paid, as it occurred under Nazi occupation. However, the Dutch Resolutions Committee wrote that the 1952 agreement that addressed the artworks held by Miedl would remain in force but that it did not preclude the Goudstikker heir from claiming 202 art objects in the Dutch national collection that had been sold and delivered to Göring from the Goudstikker Gallery.

The Resolutions Committee wrote in its recommendation in 2005 that the sale was “involuntary” because Goudstikker’s widow and his mother had refused permission for the transaction and that it had been done by employees sympathetic toward “German buyers.” Since the sale had occurred “immediately after the capitulation of the Netherlands, a situation in which Göring could – and ultimately did – use the influence of his high rank in the Nazi hierarchy,” according to the recommendation.

When Göring transported about 800 paintings from the Goudstikker Collection to Germany, he kept about 300 for his personal collection and sold the others to political cronies or wealthy German industrialists. Many of these works remain lost, according to the Goudstikker Provenance Project that provides the family of Jacques Goudstikker with information to regain possession of their lost artworks. The Project uses many sources to identify the collection. Jacques Goudstikker’s small black leather binder, which he recorded in anticipation of the German invasion, identified his current stock in alphabetical order by artists’ name. In addition, information is also obtained from an inventory register of the stock held in the gallery in May 1940 and the Goudstikker gallery’s photographic archive. A visual record of the collection is also extracted from examining six million photographs of the Rijksbureau voor Kunsthistorische Documentatie. Through this method, the Goudstikker Collection has reclaimed more than 30 additional paintings from private collections and museums.

Cranach’s “Adam” and “Eve” at the Norton Simon Museum have traveled from the Ukraine to California and survived both the Soviet Union and the Third Reich in the 20th century and they will survive the current controversy.

BIBLIOGRAPHY:
Books:
Sutton, Peter C. Reclaimed: Paintings from the Collection of Jacques Goudstikker. Yale University Press, New Haven, CT, 2008.


Primary sources:
Schmidt, James. “The Stroganoff Collection in Leningrad [now St. Petersburg].” Translated by Hess Translations, Inc. from German into English, August 11, 2007. Schmidt’s article accompanied the catalogue for the 1931 “Stroganoff” auction in May 1931 in Berlin.


Complaint filed May 1, 2007 in the US District Court for the Central District of California, Plaintiff Marei Von Saher v. Norton Simon Museum of Art at Pasadena, Norton Simon Art Foundation, and the Norton Simon Foundation, defendants.
Case No. DV 07-02866


Getty Provenance Research Database. Record 27653 “Adam” and Record 27343 “Eve”.


Websites:
http://www.thejewishmuseum.org/GoudstikkerRelease
http://www.rapeofeuropa.com/stolenRestitutions.asp#saher
http://www.goudstikkerblackbook.info/
www.nortonsimon.org
www.getty.edu

October 18, 2010

Monday, October 18, 2010 - ,,,,, 2 comments

Lucas Cranach the Elder's "Adam" and "Eve" diptych subject of Marei Von Saher vs. The Norton Simon Museum of Art at Pasadena (Part I)

Cranach's "Adam",
Norton Simon Museum
By Catherine Schofield Sezgin

First of a two part series

While his close friend Martin Luther “often preached about the fall of man and its consequences” (Norton Simon Museum audio tour), the German painter Lucas Cranach the Elder painted more than 30 works of the naked Adam and Eve contemplating a bite of the forbidden apple and expulsion from Paradise. The "Adam" and "Eve" diptych residing at the Norton Simon Museum in Pasadena, California, is the subject of controversy 500 years later in a Holocaust art-restitution case (Marei Von Saher vs. The Norton Simon Museum of Art at Pasadena). The heir of a Jewish art dealer, Jacques Goudstikker, has claimed that Hitler’s second-in-command, Herman Göring, stole “Adam” and “Eve” in 1940 and that the Dutch government wrongly transferred the paintings to the heir of a Russian aristocratic family in a purported sale, who then sold the works to wealthy industrialist Norton Simon in 1971.

Cranach's "Eve",
Norton Simon
Museum
The Norton Simon Museum’s “Adam” and “Eve”, painted on two large wood panels measuring 75 x 27 ½ inches, likely started out as decorating the home of a wealthy member of the royal court in the 16th century although it would end up in a Church in Kiev by the 20th century. The scope of this article does not track down all of the 30 versions “Adam and Eve” neither does it explain how the Norton Simon Museum’s painting came to travel to the Ukraine in the 1920s. However, a quick review of public institutions through the Getty Provenance Index Databases shows that smaller, paintings of the first couple have been in the collections of the Detroit Institute of the Arts, the Isabella Stewart Gardner Museum, and at the Art Institute of Chicago. The diptych on display in Chicago has resided there since 1935 after Charles H. Worcester purchased it on September 10, 1935 from Jacques Goudstikker of Amsterdam before donating it to the museum in the same year. It is believed that Goudstikker purchased Chicago’s “Adam” and “Eve” from a private collection in Stockholm.1

Jacques Goudstikker, a third-generation art dealer in Amsterdam, owned more than one of the thirty paintings by Cranach of “Adam” and “Eve”. He was a specialist in Old Master paintings and had produced shows that featured works by Vermeer, Rembrandt, Goya, Rubens, and Hieronymus Bosch. He purchased a larger diptych of “Adam” and “Eve” by Cranach the Elder for $11,186 at an auction in Berlin in 1931. The auction featured works previously owned by the Stroganoff family in St. Petersburg. However, in 1917, the Bolshevik government had nationalized all art held in private collections and to raise money in 1931, the Russian government put the artworks up for sale.

The Stroganov Collection

Count Aleksandr Sergeevich Stroganov (1733-1811), an art patron and a member of the court of Catherine the Great, acquired most of his art at Paris auctions from 1769 to 1779. He catalogued them in published editions in 1793 and 1800. In the mid-19th century, Count Sergei Grigoryevitch added to the Stroganoff Collection by acquiring many 15th century Italian paintings. In 1864, German art historian Gustav Friedrich Waagen described the Stroganov Collection when he assisted the Hermitage in sorting their collection. In 1901, Alexander Benois described the Stroganoff palace and gallery in Les Trésors d’Art en Russie.2 The Stroganoff Collection was displayed in the gallery of the family palace in St. Petersburg until it was moved to safety in Moscow during the Revolution. Eventually, it was returned to Leningrad.

Soviet artworks were not all from the Stroganoff Collection

 The catalogue of the auction of the Stroganoff Collection at Rudolph Lepke’s Kunst-Auctions-Haus in Berlin, included an essay by James Schmidt who wrote that pictures from sources other than the Stroganoff Collection were included in the sale. Schmidt provided “a summary overview” of paintings offered for sale at the auction that were not from the Stroganoff Collection. He listed Rembrandt’s “Christ and the Samaritan Woman at the Well” from the Hermitage; Claude Lorrain’s “Morning” and “Ulysses at Lycomedes’ Court”; Van Dyck’s “Bishop Malderus”; Nicholaus Neufchatel’s “Patrician Woman from Nuremberg”; and Artus van der Neers’ “Moonlight Landscape”. Schmidt also cited Goyens’ “View of Arnheim Across the Rhine” from the Semenov-Tianshansky collection acquired by the Hermitage in 1912. Then, in the next paragraph, Schmidt wrote: “The remaining paintings from other sources include primarily “Adam and Eve” by Cranach, which were discovered in a Kiev church and can be dated to between 1525 and 1530.”

“Adam” and “Eve” are believed to have been at the Church of Holy Trinity in Kiev, Ukraine until the early 1920s when they were sent to a state-owned Kiev museum at Kievo Pecherskaia Lawra Monastery. Then in 1927, they were transferred to the Museum of the Ukrainian Academy of Science in Kiev before they were included in the Berlin sale in 1931.

Provenance Research

The Getty Provenance Research Database notes in its records on the “Adam” and “Eve” diptych at the Norton Simon Museum: “There is reason to doubt, however, that the Cranach paintings had actually belonged to the Stroganoff family and been confiscated during the Russian Revolution, as previously believed. First, other collections were included in the 1931 Lepke sale. According to an annotation by Ellis Waterhouse in a copy of the catalogue of the sale now in the GRI [Getty Research Institute], “Not a very large proportion of the pictures really came from the Stroganoff coll(ection). The rest are drawn from other sequestrated private collections & from the Hermitage depot.” The Getty also notes that Cranach’s Adam and Eve do not appear in earlier references to the Stroganoff collection.

This blogger has sent a request to the Norton Simon Museum for more information about the provenance of their paintings and looks forward reporting their reply.

2. Waagen published a book on the Hermitage collection (Munich, 1864). Waagen traveled to St. Petersburg in 1861. Schmidt’s essay, May 1931.

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