Registry of New Acquisitions of Archaeological Material and Works of Ancient Art
The Registry of New Acquisitions of Archaeological Material and Works of Ancient Art provides information on acquisitions of select works of archeological and ancient art by AAMD member museums since June 4, 2008, the date new AAMD Guidelines went into effect. These works are only those lacking complete provenance after November 1970, the date of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import and Export and Transfer of Ownership of Cultural Property.
Art museums regularly acquire archaeological material and works of ancient art, of which objects with incomplete modern provenance represent but a fraction. A complete recent ownership history may not be obtainable for all archaeological material and every work of ancient art. Recognizing this, AAMD believes that its member museums have the right to exercise their responsibility to make informed judgments about the appropriateness of acquiring such an object. AAMD is committed to ensuring that these acquisitions take place transparently and in full public view.
The Registry of New Acquisitions of Archaeological Material and Works of Ancient Art is a central component of AAMD's process to make information about such objects freely available to students, teachers, visitors, source countries, officials, as well as possible claimants. For information on individual museums’ acquisitions, follow the links to their web sites.
The objects documented in this Registry meet the standards of AAMD’s 2008 guidelines, as determined by the acquiring institution. Follow this link to read AAMD’s guidelines, formally titled the: Report of the AAMD Task Force on the Acquisition of Archaeological Materials and Ancient Art (Revised 2008). For information on AAMD's mission and members, please visit the main website at AAMD.org
Questions regarding any object in the Registry of New Acquisitions of Archaeological Material and Works of Ancient Art can be directed to the acquiring institution by using the Contact Us link on the left side of the screen.
HISTORY
In 1973—a decade before the U.S. Congress passed legislation incorporating elements of the 1970 UNESCO Convention into U.S. law—AAMD passed a resolution urging members to cooperate with foreign countries to prevent illegal trafficking in art as described in the new UNESCO Convention.
In 2004, AAMD issued guidelines for its members regarding the future acquisition of archaeological material and ancient art. The heart of the document reinforced the need for transparency in acquisitions, the strict observance of U.S. law, and specific procedures to allow acquisitions to continue if, after due diligence, no information came to light that stood in the way of purchases, gifts, or bequests. As part of the larger global dialogue taking place, AAMD’s guidelines helped stimulate discussions about the role of responsible collecting by museums and the importance of a licit market.
AAMD determined it should refine the 2004 guidelines to affirm more clearly and tangibly its members’ commitment to helping protect and preserve archaeological resources worldwide, and to strengthen the principles and standards used in making decisions regarding the acquisition of archeological materials and ancient art. The results, reflected in the 2008 guidelines are:
•The adoption of November 1970, the date of the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import and Export and Transfer of Ownership of Cultural Property, as an important threshold date when considering an acquisition;
•Research protocols that are even more rigorous than those included in the previous guidelines; and
•The establishment of this searchable Object Registry, which ensures an even higher level of public transparency for members’ acquisitions.
The ArtTrak blog has been created as a discussion forum for the website www.arttrak.com. Periodically ArtTrak also sends out Newsletters to their subscribers and this information after publication is also added to the blog. While much of the blog is devoted to African, Pre-Columbian, Oceanic, American Indian, and Folk Art, we are also very involved with appraisal and authentication issues. Your comments are welcome.
Sunday, February 26, 2012
Auction Art Market February 2012
1. Sothebys - Strong Modern and Impressionist Sale
LONDON.- Tonight in a packed saleroom, Sotheby’s Impressionist & Modern Evening Sale brought a total of £78,893,650 / $125,504,018 /€94,491,096 (est. £79– 113.3 million). The top price of the sale was achieved for Claude Monet’s previously unseen painting of 1885 L’Entreé de Giverny en Hiver, which sold in a four-way bidding battle to a buyer in the room for £8,217,250 / $13, 072,001 / €9,841,818 (est. £4.5-6.5 million) – an auction record for a snowscape by the artist. The sale saw a high average lot value for the works sold of £1,922,870, and was 76.9% sold by lot and 76% sold by value.
Commenting on the sale, Helena Newman, Chairman, Sotheby’s Impressionist and Modern Art, Europe, commented: “Tonight we saw global bidding across the sale, with avid collectors competing for museum quality and rare works. There was strong competition for exceptional paintings, notably for Claude Monet, Ernest Ludwig Kirchner and Georges Braque. As we have seen in our recent international auctions, we continued to see the enduring appeal of works that are fresh to the market and are of exceptional quality.”
Other notable prices this evening
As was announced during the auction, Gustav Klimt’s rare 1901 landscape Seeufer mit Birken – which had not been seen in public in over a century – sold post-sale for £5,641,250 $8,974,100 / €6,756,525.
Ernest Ludwig Kirchner’s monumental Das Boskett: Albertplatz in Dresden of 1911 fetched £7,321,250/$11,646,644/€8,768,677 (est. £5 – 7 million). The work is one of the artist’s last canvases to depict the topography of Dresden - a recurrent theme in his oeuvre and the city where he came of age as an artist and as a man.
Georges Braque’s L’Oliveraie of 1907 sold for £5,081,250/ $ 8,083,252 / €6,085,824 (est. £2 – 3 million). The work provides a rare glimpse into the Fauve revolution at the beginning of the 20th century and Braque’s seminal contribution to the movement.
Selling for almost three times its high estimate, Otto Dix’s Die Elektrische (The Electric Tram) sold for £2,953,250/$4,698,030/€3,537,114 (est. £700,000-1,000,000).
Fernand Léger’s La Jeune fille à l'échelle, one of the artist’s definitive compositions of the 1940s, sold for £3,961,250 / $6,301,556/ €4,744,398 against a pre-sale estimate of £3.8 – 4.5 million.
Edouard Vuillard’s 1890 masterwork, Les Couturières fetched £3,401,250/ $5,410,708/€4,073,685 (presale est. £3 - 5 million).
One of Henry Moore’s most important monumental sculptures Reclining Figure no. 2, Three-Piece Bridge-Prop sold for £3,289,250 / $5,232,539 / €3,939,542. Estimated at £1.5 - 2.5 million, the work was conceived in 1963 and cast in an edition of six. It is one of his most technically sophisticated and complex iterations on his dominant theme – the reclining figure.
The auction saw strong prices achieved for Surrealist works in the sale
A group of 14 surrealist works were offered, achieving a combined total of £16,083,000, representing an average sold lot value of £1,340,250. Highlights among this group include:
Giorgio de Chirico's monumental and boldly coloured Ettore e Andromaca of 1925-30, regarded as one of his most successful metaphysical compositions, was sold for £2,841,250/ $4,519,860 / €3,402,971, against an estimate of £2.8 – 4 million).
Yves Tanguy’s 1941 oil on canvas Deux fois du noir sold for £2,505,250/ $3,000,543/3,985,352 (est. £2 -3 million) exemplifies the refined and personal language with which Tanguy transformed the boundaries of Modernist painting.
Max Ernst’s 1941 oil on canvas La Comédie de la soif, a masterpiece of the artist’s wartime oeuvre, was sold for £1,609,250 / $2,559,995 / €1,927,402 (est. £1.2 - 1.8 million).
René Magritte’s Souvenir de Voyage of 1962-63 sold for £1,609,250 / $2,559,995 €1,927,402 against a pre-sale estimate of £1.5 - 2 million.
The sale featured a strong offering of works by German artists, including the above mentioned Ernest Ludwig Kirchner painting Das Boskett: Albertplatz in Dresden of 1911; Emil Nolde’s 1908 Blumengarten, ohne Figur, which sold for £2,057,250/$3,272,67/ €2,463,973 (est. £2 – 3 million); and Alexej von Jawlensky’s 1911 Mädchen mit Roter Schleife, which sold for £ 3,065,250/$ 4,876,200/ € 3,671,257 (est. £3-5 million).
Sale statistics:
• Sold by lot: 76.9%
• Sold by value: 76%
• Of the 53 lots offered, 41 sold
• Average lot value: £1,922,870
• 25 lots sold for over £1 million, 34 sold for over $1 million
2. Bonhams Finds Chinese Jade Masterpiece for May Sale
LONDON.- A stunning discovery at Bonhams turns out to be a gift passed between two of the most important statesmen of the late Qing Dynasty, who attempted to modernise China and represented the Qing Dynasty in diplomatic negotiations with Western powers.
A magnificent and important pale green jade mountain, dating from the 18th century, and dedicated by Li Hong Zhang to Prince Gong will be the highlight of Bonhams next Chinese Art Sale on May 17th in New Bond Street, London.
Estimated to sell for £400,000 to £600,000, the large jade boulder is carved as a mountain peak in high relief with four sages and an attendant on a narrow ledge above a stream, amidst a mountainous landscape with pine and wutong tress. The reverse side is carved with bare rocky cliffs and pine trees, with a nine character inscription incised on an overhanging precipice with traces of gilt, reading: Jin Feng Gong Qing Wang Chen Li Hong Zhang (‘Humbly Presented [to] Prince Gong [by] Minister Li Hong Zhang). It comes with its original 19th century carved wooden stand. The artwork stands 14 1/2in (37cm) wide and 7in (18cm) high.
The history of this rare royal gift can be first dated to ownership by: Li Hong Zhang, GCVO (1823-1901), Premier of the Viceroyalty of Zhili, a leading statesman during the late Qing Dynasty who gifted it to Prince Gong,Yixin (1833-1898), formally known as Prince of the First Rank, the sixth son of the Daoguang Emperor (reigned 1821-1850) and half brother of the Xianfeng Emperor (reigned 1850-1861), who served as Prince-Regent during the Tongzhi Emperor’s reign (1861-1875). The carving was then passed on by descent to his grandson, Prince Gong.
When next heard of it was owned by the renowned Japanese dealers Yamanka & Co., who offered it for sale through the American Art Galleries, New York, on 22 February 1913, as lot 252 in The Remarkable Collection of the Imperial Prince Kung of China. It was subsequently sold at auction in London on 27th May 1963 to an English private collection of important jade carvings, and thence by descent to the current owner.
Asaph Hyman, Director of Bonhams Chinese Art Department, says: “We are delighted to have discovered this historically important work of art, presented by the leading statesman Li Hong Zhang to Prince Gong. This exceptional jade carving not only embodies the superb craftsmanship of the jade carvers of the 18th century, but is a unique representation of the relationship between two of the most important statesmen of the late Qing Dynasty, who attempted to modernise China and represented the Qing Dynasty in diplomatic negotiations with Western powers. The jade mountain was previously treasured in the Prince Gong Palace in Beijing until it was sold by his grandson. It has been cherished by two generations since it was last acquired in 1963.”
3. Middle East Buyer Expected to be Major Player for Scream in Sothebys NY May Sale
NEW YORK The only version of Edvard Munch's iconic painting left in private hands will lead a sale at Sotheby's in New York this May as the market for big-name artists shows no sign of receding.
Philip Hook, senior specialist in impressionist and modern art at Sotheby's, said: "This is one of the most important works of modern art we have ever sold."
Sotheby's believes that The Scream may be second only to the Mona Lisa as one of the most recognisable works of art, and points out that it has influenced Andy Warhol and The Simpsons.
Munch painted this version of The Scream in 1895 as the central part of his Frieze of Life series. One expert on the artist said: "He looms large in the imagination. The Scream may not look particularly striking or shocking these days, but at the time it was radical. It was all about expressing the psychological state."
Sotheby's said that accurately valuing the painting was difficult because it was rare that "true icons" come to the market. Recent sales of masterpieces at the auction house "suggest that the price could exceed $80m". Sotheby's currently holds the record for a Munch sale when the work Vampire was bought for $38.1m in New York in 2008.
The art market has this year shrugged off the gloom enveloping the wider economy. In a series of auctions in London, works by artists including Francis Bacon, Gerhard Richter and Mark Rothko raised tens of million of pounds.
This comes soon after the emirate of Qatar paid a world-record sum of $250m to buy Cezanne's The Card Players in a private sale. One auction expert said Middle-Eastern buyers were likely to be involved in this bidding process for The Scream. "They have a lot of museums and are looking to fill them with high-quality pieces," the expert said.
Munch completed four versions of the work. Three are in Norwegian museums. The piece going up for auction is owned by Petter Olsen, whose father Thomas was a friend and patron of the artist. The 1893 version and the 1910 version have both been stolen from different Norwegian museums, but both were recovered and remain on display.
Mr Hook said: "It speaks to the anxiety and alienation of modern man. It is the image that launched a thousand therapists." This version is more vibrant than the others and has a poem painted onto the frame by the artist.
Petter Olsen said: "I have lived with this work all my life, and its power and energy have only increased with time. Now, however, I feel the moment has come to offer the rest of the world a chance to own and appreciate this remarkable work."
The Norwegian businessman said the proceeds would establish a new museum, art centre and hotel at his farm, opening next year to coincide with the 150th anniversary of Munch's birth.
A major exhibition of the artist's work is to open in the UK later this year, when Edvard Munch: The Modern Eye opens at the Tate Modern in June.
Sketchy past: Thefts and recovery
The Sotheby's sale presents the opportunity for The Scream to leave Norwegian ownership for the first time – the other three versions are all owned by domestic museums. Munch painted the prime example of the expressionist work in 1893, which hangs in Norway's National Gallery.
A pastel version painted in the same year is thought to be a preliminary sketch for the work and is owned by the Munch Museum in Oslo. That museum also owns a 1910 version. The image became more widely known after Munch created a lithograph of it in 1895.
In 1994, the year Norway hosted the Olympic Winter Games, thieves stole the 1893 version from the National Gallery. Following a sting operation it was returned the same year. A decade later, masked gunmen stole the 1910 version. It was recovered two years later.
4. Heritage Auction House Sells Comic book Collection for 3.5 million
DALLAS (AP).- "Billy Wright plunked down dime after dime for comic books while growing up in the late 1930s and early 1940s, caring for the collection he started around the age of 9 until his death more than half a century later. On Wednesday, most of that collection sold for a whopping $3.5 million.
Wright's 345 comics, nearly all of which were published from 1936 through 1941, included many of the most prized issues ever, including Detective Comics No. 27, which features the debut of Batman, and Action Comics No. 1, in which Superman's first appears.
Experts say Wright's collection, which included 44 of The Overstreet Comic Book Price Guide's top 100 issues from comics' golden age, was remarkable for its number of rare issues, but also because it was compiled by a single person in childhood who kept it in good condition until his death in 1994 at age 66.
"This really has its place in the history of great comic book collections," said Lon Allen, the managing director of comics for Dallas-based Heritage Auctions, which oversaw the auction in New York City.
The copy of Detective Comics No. 27, from 1939, drew the highest bid Wednesday, selling for $523,000, including a buyer's premium, Allen said. Wright's Action Comics No. 1, from 1938, sold for about $299,000; Batman No. 1, from 1940, sold for about $275,000; and Captain America No. 2, a 1941 issue with Adolf Hitler on the cover, sold for about $114,000.
"It was amazing seeing what they went for," said Michael Rorrer, who discovered his late great uncle's neatly stacked comics in a basement closet while cleaning out his great aunt's Martinsville, Va., home after she died last year.
Most comics from the golden age — the late 1930s into the 1950s — fell victim to wartime paper drives, normal wear and tear and mothers throwing them out, said J.C. Vaughn, associate publisher of Overstreet. Of the 200,000 copies of Action Comics No. 1 produced, about 130,000 were sold and the about 70,000 that didn't sell were pulped. Today, experts believe only about 100 copies are left in the world, he said.
"The scope of this collection is, from a historian's perspective, dizzying," Vaughn said.
There were 227 of the collection's comic books sold on Wednesday for $3,466,264. The remaining comics, which are of lesser value, will be sold in online auctions Friday and Sunday and are expected to fetch about $100,000.
Rorrer, 31, said he didn't realize how valuable the comics were until months after returning home to Oxnard, Calif., when he mentioned them to a co-worker who mused that it would be quite something if he had Action Comics No. 1.
"I went home and was looking through some of them, and there it was," said Rorrer, who then began researching the collection's value in earnest.
He reached out to his mother, Lisa Hernandez, who still had half the comics at her home in League City, Texas, that she intended to give to his brother in Houston. They then went through their boxes, checking comic after comic off the list.
Hernandez said it really hit her how valuable the comics were when she saw the look on Allen's face when the auction house expert came to her house to look through the comics.
"It was kind of hard to wrap my head around it," Allen said.
The find was a complete surprise for the family, and it is unclear if Ruby Wright was aware of the collection's significance. Rorrer said he remembers her making only one fleeting reference to comics: Upon learning he and his brother liked comic books, she said she had some she would one day give them. He said his great uncle never mentioned his collection.
Allen, who called the collection "jaw-dropping," noted that Wright "seemed to have a knack" for picking up the ones that would be the most valuable.
"There were some really hard to find books that were in really, really great condition," said Paul Litch, the primary grader at Certified Guaranty Company, an independent certification service for comic books.
"You can see it was a real collection," Litch said. "Someone really cared about these and kept them in good shape."
Hernandez said it makes sense that her uncle — even as a boy — had a discerning eye. The man who went to The College of William and Mary before having a long career as a chemical engineer for DuPont was smart, she said. And, she added, Wright was an only child whose mother kept most everything he had. She said that they found games from the 1930s that were still in their original boxes. " Associated Press
5. NEW YORK Wall Street Journal March 1, 2012 Sothebys reported that profits fell on weaker revenues causing their shares to drop 7.2% to $36.49. Although the stock was off over 20% this past year, analysts did not expect the weak earnings to be this far below expectations. "The company blamed lower net auction sales, fewer single-owner sales and a significant decrease in auction commission margin for the latest decline." Maybe the Wall Street Journal will follow up on this story which is interesting in light if their gross sales at almost 5 billion dollars, cost cutting measures, and their reports of booming private contract sales. We will follow Christies rpeorts as well.
LONDON.- Tonight in a packed saleroom, Sotheby’s Impressionist & Modern Evening Sale brought a total of £78,893,650 / $125,504,018 /€94,491,096 (est. £79– 113.3 million). The top price of the sale was achieved for Claude Monet’s previously unseen painting of 1885 L’Entreé de Giverny en Hiver, which sold in a four-way bidding battle to a buyer in the room for £8,217,250 / $13, 072,001 / €9,841,818 (est. £4.5-6.5 million) – an auction record for a snowscape by the artist. The sale saw a high average lot value for the works sold of £1,922,870, and was 76.9% sold by lot and 76% sold by value.
Commenting on the sale, Helena Newman, Chairman, Sotheby’s Impressionist and Modern Art, Europe, commented: “Tonight we saw global bidding across the sale, with avid collectors competing for museum quality and rare works. There was strong competition for exceptional paintings, notably for Claude Monet, Ernest Ludwig Kirchner and Georges Braque. As we have seen in our recent international auctions, we continued to see the enduring appeal of works that are fresh to the market and are of exceptional quality.”
Other notable prices this evening
As was announced during the auction, Gustav Klimt’s rare 1901 landscape Seeufer mit Birken – which had not been seen in public in over a century – sold post-sale for £5,641,250 $8,974,100 / €6,756,525.
Ernest Ludwig Kirchner’s monumental Das Boskett: Albertplatz in Dresden of 1911 fetched £7,321,250/$11,646,644/€8,768,677 (est. £5 – 7 million). The work is one of the artist’s last canvases to depict the topography of Dresden - a recurrent theme in his oeuvre and the city where he came of age as an artist and as a man.
Georges Braque’s L’Oliveraie of 1907 sold for £5,081,250/ $ 8,083,252 / €6,085,824 (est. £2 – 3 million). The work provides a rare glimpse into the Fauve revolution at the beginning of the 20th century and Braque’s seminal contribution to the movement.
Selling for almost three times its high estimate, Otto Dix’s Die Elektrische (The Electric Tram) sold for £2,953,250/$4,698,030/€3,537,114 (est. £700,000-1,000,000).
Fernand Léger’s La Jeune fille à l'échelle, one of the artist’s definitive compositions of the 1940s, sold for £3,961,250 / $6,301,556/ €4,744,398 against a pre-sale estimate of £3.8 – 4.5 million.
Edouard Vuillard’s 1890 masterwork, Les Couturières fetched £3,401,250/ $5,410,708/€4,073,685 (presale est. £3 - 5 million).
One of Henry Moore’s most important monumental sculptures Reclining Figure no. 2, Three-Piece Bridge-Prop sold for £3,289,250 / $5,232,539 / €3,939,542. Estimated at £1.5 - 2.5 million, the work was conceived in 1963 and cast in an edition of six. It is one of his most technically sophisticated and complex iterations on his dominant theme – the reclining figure.
The auction saw strong prices achieved for Surrealist works in the sale
A group of 14 surrealist works were offered, achieving a combined total of £16,083,000, representing an average sold lot value of £1,340,250. Highlights among this group include:
Giorgio de Chirico's monumental and boldly coloured Ettore e Andromaca of 1925-30, regarded as one of his most successful metaphysical compositions, was sold for £2,841,250/ $4,519,860 / €3,402,971, against an estimate of £2.8 – 4 million).
Yves Tanguy’s 1941 oil on canvas Deux fois du noir sold for £2,505,250/ $3,000,543/3,985,352 (est. £2 -3 million) exemplifies the refined and personal language with which Tanguy transformed the boundaries of Modernist painting.
Max Ernst’s 1941 oil on canvas La Comédie de la soif, a masterpiece of the artist’s wartime oeuvre, was sold for £1,609,250 / $2,559,995 / €1,927,402 (est. £1.2 - 1.8 million).
René Magritte’s Souvenir de Voyage of 1962-63 sold for £1,609,250 / $2,559,995 €1,927,402 against a pre-sale estimate of £1.5 - 2 million.
The sale featured a strong offering of works by German artists, including the above mentioned Ernest Ludwig Kirchner painting Das Boskett: Albertplatz in Dresden of 1911; Emil Nolde’s 1908 Blumengarten, ohne Figur, which sold for £2,057,250/$3,272,67/ €2,463,973 (est. £2 – 3 million); and Alexej von Jawlensky’s 1911 Mädchen mit Roter Schleife, which sold for £ 3,065,250/$ 4,876,200/ € 3,671,257 (est. £3-5 million).
Sale statistics:
• Sold by lot: 76.9%
• Sold by value: 76%
• Of the 53 lots offered, 41 sold
• Average lot value: £1,922,870
• 25 lots sold for over £1 million, 34 sold for over $1 million
2. Bonhams Finds Chinese Jade Masterpiece for May Sale
LONDON.- A stunning discovery at Bonhams turns out to be a gift passed between two of the most important statesmen of the late Qing Dynasty, who attempted to modernise China and represented the Qing Dynasty in diplomatic negotiations with Western powers.
A magnificent and important pale green jade mountain, dating from the 18th century, and dedicated by Li Hong Zhang to Prince Gong will be the highlight of Bonhams next Chinese Art Sale on May 17th in New Bond Street, London.
Estimated to sell for £400,000 to £600,000, the large jade boulder is carved as a mountain peak in high relief with four sages and an attendant on a narrow ledge above a stream, amidst a mountainous landscape with pine and wutong tress. The reverse side is carved with bare rocky cliffs and pine trees, with a nine character inscription incised on an overhanging precipice with traces of gilt, reading: Jin Feng Gong Qing Wang Chen Li Hong Zhang (‘Humbly Presented [to] Prince Gong [by] Minister Li Hong Zhang). It comes with its original 19th century carved wooden stand. The artwork stands 14 1/2in (37cm) wide and 7in (18cm) high.
The history of this rare royal gift can be first dated to ownership by: Li Hong Zhang, GCVO (1823-1901), Premier of the Viceroyalty of Zhili, a leading statesman during the late Qing Dynasty who gifted it to Prince Gong,Yixin (1833-1898), formally known as Prince of the First Rank, the sixth son of the Daoguang Emperor (reigned 1821-1850) and half brother of the Xianfeng Emperor (reigned 1850-1861), who served as Prince-Regent during the Tongzhi Emperor’s reign (1861-1875). The carving was then passed on by descent to his grandson, Prince Gong.
When next heard of it was owned by the renowned Japanese dealers Yamanka & Co., who offered it for sale through the American Art Galleries, New York, on 22 February 1913, as lot 252 in The Remarkable Collection of the Imperial Prince Kung of China. It was subsequently sold at auction in London on 27th May 1963 to an English private collection of important jade carvings, and thence by descent to the current owner.
Asaph Hyman, Director of Bonhams Chinese Art Department, says: “We are delighted to have discovered this historically important work of art, presented by the leading statesman Li Hong Zhang to Prince Gong. This exceptional jade carving not only embodies the superb craftsmanship of the jade carvers of the 18th century, but is a unique representation of the relationship between two of the most important statesmen of the late Qing Dynasty, who attempted to modernise China and represented the Qing Dynasty in diplomatic negotiations with Western powers. The jade mountain was previously treasured in the Prince Gong Palace in Beijing until it was sold by his grandson. It has been cherished by two generations since it was last acquired in 1963.”
3. Middle East Buyer Expected to be Major Player for Scream in Sothebys NY May Sale
NEW YORK The only version of Edvard Munch's iconic painting left in private hands will lead a sale at Sotheby's in New York this May as the market for big-name artists shows no sign of receding.
Philip Hook, senior specialist in impressionist and modern art at Sotheby's, said: "This is one of the most important works of modern art we have ever sold."
Sotheby's believes that The Scream may be second only to the Mona Lisa as one of the most recognisable works of art, and points out that it has influenced Andy Warhol and The Simpsons.
Munch painted this version of The Scream in 1895 as the central part of his Frieze of Life series. One expert on the artist said: "He looms large in the imagination. The Scream may not look particularly striking or shocking these days, but at the time it was radical. It was all about expressing the psychological state."
Sotheby's said that accurately valuing the painting was difficult because it was rare that "true icons" come to the market. Recent sales of masterpieces at the auction house "suggest that the price could exceed $80m". Sotheby's currently holds the record for a Munch sale when the work Vampire was bought for $38.1m in New York in 2008.
The art market has this year shrugged off the gloom enveloping the wider economy. In a series of auctions in London, works by artists including Francis Bacon, Gerhard Richter and Mark Rothko raised tens of million of pounds.
This comes soon after the emirate of Qatar paid a world-record sum of $250m to buy Cezanne's The Card Players in a private sale. One auction expert said Middle-Eastern buyers were likely to be involved in this bidding process for The Scream. "They have a lot of museums and are looking to fill them with high-quality pieces," the expert said.
Munch completed four versions of the work. Three are in Norwegian museums. The piece going up for auction is owned by Petter Olsen, whose father Thomas was a friend and patron of the artist. The 1893 version and the 1910 version have both been stolen from different Norwegian museums, but both were recovered and remain on display.
Mr Hook said: "It speaks to the anxiety and alienation of modern man. It is the image that launched a thousand therapists." This version is more vibrant than the others and has a poem painted onto the frame by the artist.
Petter Olsen said: "I have lived with this work all my life, and its power and energy have only increased with time. Now, however, I feel the moment has come to offer the rest of the world a chance to own and appreciate this remarkable work."
The Norwegian businessman said the proceeds would establish a new museum, art centre and hotel at his farm, opening next year to coincide with the 150th anniversary of Munch's birth.
A major exhibition of the artist's work is to open in the UK later this year, when Edvard Munch: The Modern Eye opens at the Tate Modern in June.
Sketchy past: Thefts and recovery
The Sotheby's sale presents the opportunity for The Scream to leave Norwegian ownership for the first time – the other three versions are all owned by domestic museums. Munch painted the prime example of the expressionist work in 1893, which hangs in Norway's National Gallery.
A pastel version painted in the same year is thought to be a preliminary sketch for the work and is owned by the Munch Museum in Oslo. That museum also owns a 1910 version. The image became more widely known after Munch created a lithograph of it in 1895.
In 1994, the year Norway hosted the Olympic Winter Games, thieves stole the 1893 version from the National Gallery. Following a sting operation it was returned the same year. A decade later, masked gunmen stole the 1910 version. It was recovered two years later.
4. Heritage Auction House Sells Comic book Collection for 3.5 million
DALLAS (AP).- "Billy Wright plunked down dime after dime for comic books while growing up in the late 1930s and early 1940s, caring for the collection he started around the age of 9 until his death more than half a century later. On Wednesday, most of that collection sold for a whopping $3.5 million.
Wright's 345 comics, nearly all of which were published from 1936 through 1941, included many of the most prized issues ever, including Detective Comics No. 27, which features the debut of Batman, and Action Comics No. 1, in which Superman's first appears.
Experts say Wright's collection, which included 44 of The Overstreet Comic Book Price Guide's top 100 issues from comics' golden age, was remarkable for its number of rare issues, but also because it was compiled by a single person in childhood who kept it in good condition until his death in 1994 at age 66.
"This really has its place in the history of great comic book collections," said Lon Allen, the managing director of comics for Dallas-based Heritage Auctions, which oversaw the auction in New York City.
The copy of Detective Comics No. 27, from 1939, drew the highest bid Wednesday, selling for $523,000, including a buyer's premium, Allen said. Wright's Action Comics No. 1, from 1938, sold for about $299,000; Batman No. 1, from 1940, sold for about $275,000; and Captain America No. 2, a 1941 issue with Adolf Hitler on the cover, sold for about $114,000.
"It was amazing seeing what they went for," said Michael Rorrer, who discovered his late great uncle's neatly stacked comics in a basement closet while cleaning out his great aunt's Martinsville, Va., home after she died last year.
Most comics from the golden age — the late 1930s into the 1950s — fell victim to wartime paper drives, normal wear and tear and mothers throwing them out, said J.C. Vaughn, associate publisher of Overstreet. Of the 200,000 copies of Action Comics No. 1 produced, about 130,000 were sold and the about 70,000 that didn't sell were pulped. Today, experts believe only about 100 copies are left in the world, he said.
"The scope of this collection is, from a historian's perspective, dizzying," Vaughn said.
There were 227 of the collection's comic books sold on Wednesday for $3,466,264. The remaining comics, which are of lesser value, will be sold in online auctions Friday and Sunday and are expected to fetch about $100,000.
Rorrer, 31, said he didn't realize how valuable the comics were until months after returning home to Oxnard, Calif., when he mentioned them to a co-worker who mused that it would be quite something if he had Action Comics No. 1.
"I went home and was looking through some of them, and there it was," said Rorrer, who then began researching the collection's value in earnest.
He reached out to his mother, Lisa Hernandez, who still had half the comics at her home in League City, Texas, that she intended to give to his brother in Houston. They then went through their boxes, checking comic after comic off the list.
Hernandez said it really hit her how valuable the comics were when she saw the look on Allen's face when the auction house expert came to her house to look through the comics.
"It was kind of hard to wrap my head around it," Allen said.
The find was a complete surprise for the family, and it is unclear if Ruby Wright was aware of the collection's significance. Rorrer said he remembers her making only one fleeting reference to comics: Upon learning he and his brother liked comic books, she said she had some she would one day give them. He said his great uncle never mentioned his collection.
Allen, who called the collection "jaw-dropping," noted that Wright "seemed to have a knack" for picking up the ones that would be the most valuable.
"There were some really hard to find books that were in really, really great condition," said Paul Litch, the primary grader at Certified Guaranty Company, an independent certification service for comic books.
"You can see it was a real collection," Litch said. "Someone really cared about these and kept them in good shape."
Hernandez said it makes sense that her uncle — even as a boy — had a discerning eye. The man who went to The College of William and Mary before having a long career as a chemical engineer for DuPont was smart, she said. And, she added, Wright was an only child whose mother kept most everything he had. She said that they found games from the 1930s that were still in their original boxes. " Associated Press
5. NEW YORK Wall Street Journal March 1, 2012 Sothebys reported that profits fell on weaker revenues causing their shares to drop 7.2% to $36.49. Although the stock was off over 20% this past year, analysts did not expect the weak earnings to be this far below expectations. "The company blamed lower net auction sales, fewer single-owner sales and a significant decrease in auction commission margin for the latest decline." Maybe the Wall Street Journal will follow up on this story which is interesting in light if their gross sales at almost 5 billion dollars, cost cutting measures, and their reports of booming private contract sales. We will follow Christies rpeorts as well.
Three Books of Interest
1. Museums Matter, by James Cuno
"Since the Enlightenment, the encyclopedic museum has been a repository of human achievement, a reminder, in the midst of our many differences, of the value of such cosmopolitan virtues as tolerance, understanding, and a sense of shared history. But today museums find themselves under attack from critics who argue that they are little more than relics, promoters of Western imperialism and a distorted sense of both history and culture. Could it be that the encyclopedic museum has outlived its usefulness?
With Museums Matter, James Cuno, president and CEO of the J. Paul Getty Trust and former president and director of the Art Institute of Chicago, offers a rousing defense of encyclopedic museums and their unparalleled ability to engage, enlighten, and educate the public. Cuno begins by taking us on a brief tour of the modern museum, from the creation of the British Museum—the archetypal encyclopedic collection—to the present, when major museums host millions of visitors annually and play a major role in the cultural lives of their cities. Along the way, he acknowledges the legitimate questions about the role of museums in nation-building and imperialism, but he argues strenuously that even a truly national museum like the Louvre can’t help but open visitors’ eyes and minds to the wide diversity of world cultures and the stunning art that is our common heritage.
Engaging with thinkers such as Edward Said and Martha Nussbaum, and drawing on examples from the politics of India to the destruction of the Bramiyan Buddhas to the history of trade and travel, Cuno makes a case for the encyclopedic museum as a crucial component of contemporary public life, promoting values that are essential in our ever more globalized era.
James Cuno is the president and CEO of the J. Paul Getty Trust. He served as president and director of the Art Institute of Chicago from 2004 until 2011, the Courtauld Institute of Art from 2002 until 2004, and the Harvard University Art Museums from 1991 to 2002.." http://www.press.uchicago.edu/news/2012/January/1201cunoprs.html
2. Stone of Kings, In Search of the Lost Jade of the Maya by Gerard Helferich
During the 20th century, as tomb after tomb was discovered at great Maya sites like Palenque in Mexico and Tikal in Guatemala, more such fabulous jade artifacts came to light. The burial chamber of the seventh-century ruler Jasaw Chan K'awiil I, discovered at Tikal in 1962, yielded a headband of emerald-green squares and a jade necklace with beads the size of small apples.
In "Stone of Kings," Gerard Helferich describes not just how the gem achieved such status in the great Mesoamerican civilizations but how one of the original mines was finally located in Guatemala in 1974 by amateur prospectors Jay and Mary Lou Ridinger. That the two fell in love while searching for the mine is a gift for his narrative, and their continuing and dedicated quest for other jade mines over the next 30 years provides a compelling tale.
At times Mr. Helferich becomes a little breathless at the excitement of his own story and ladles on the superlatives. The story is exciting enough in itself; like jade, it needs no embellishment. But his description of the growth of the early Olmec and later Maya civilizations draws on respected academics such as Michael D. Coe, and he rescues the green stone from much of the Indiana Jones hokum that usually surrounds "lost treasure" (one group of rival prospectors even called themselves "the Jade Raiders"). This well-focused and well-told account brings America's most mythologized gemstone into sharp relief." Hugh Thomson, Online Wall Street Journal
Cities of Gold, by Bill Yenne
"The Spanish may have rejected jade, but their quest for precious metals was relentless, as Bill Yenne documents in "Cities of Gold." The figures for gold alone are astonishing. A relatively scarce metal in Europe before the conquest of the New World, by 1560 the Americas had supplied Spain with more than 100 tons of gold, much of which went to fund Charles V's European wars. In the following four decades, the Spanish mined so much silver that its price fell some 85%. They might have done better to follow the example of the Vikings, who simply buried much of their loot upon their return from plundering England.
The flood of 16th-century adventurers questing for gold in sites stretching across the Americas, from the U.S. Southwest to Brazil, has been told many times, and Mr. Yenne does not add greatly to previous accounts. Tellers of popular history need an engaging and accessible style, but Mr. Yenne veers so far towards down-home folksiness as occasionally to be risible. "Columbus was following the money," he explains. Another Spanish conquistador is said to have turned to his guide and asked, "Are we there yet?"
This is history as re-imagined by Homer Simpson, and can at times be good knockabout fun: Pizarro is described as "a middle management type" of only average ability—perhaps unfairly, given that while unprincipled and illiterate, he did conquer an Inca empire of many millions with less than 200 men. Many a corporation would be happy to have him on the staff.
Perhaps the most heart-rending story is that of Sir Walter Raleigh, described by Mr. Yenne in an unhappy phrase as England's "signature soldier of fortune." Raleigh was one of the Elizabethan age's most favored sons, an accomplished officer, courtier and writer, before embarking on a quixotic search for gold in Guiana. He was lured by tales that were both economically and anthropologically enticing, telling of a tribe so rich in gold that they sprinkled themselves with its dust when they feasted. Encouraged by Elizabeth I to go in search of this treasure claimed by Spain—although, with her usual caution, she refused actually to finance the expedition—Raleigh was lucky to return alive from the Orinoco. Two decades later, he returned in search of El Dorado, this time to lose both his beloved son's life and, ultimately, his own. The sad tale has been lucidly recounted before by both V.S. Naipaul and the historian John Hemming, neither of whom Mr. Yenne lists in his bibliography.
Along the way, his account does cast interesting sidelong glances at a parallel narrative: the tales of great Amazonian civilizations recounted by the first conquistadors to travel down that river. These accounts were dismissed as fanciful by those who followed years later and found nothing, but archaeologists have recently uncovered evidence of substantial settlements built in wood, not stone, whose builders may have been vulnerable to European diseases and quickly died out after "first contact." As archaeological methods continue to improve, we are likely to learn far more about these "missing civilizations" who built in such perishable conditions—in many ways a fresher and more important history than that of the gold which so lured European adventurers." Hugh Thomson, Online Wall Street Journal
"Since the Enlightenment, the encyclopedic museum has been a repository of human achievement, a reminder, in the midst of our many differences, of the value of such cosmopolitan virtues as tolerance, understanding, and a sense of shared history. But today museums find themselves under attack from critics who argue that they are little more than relics, promoters of Western imperialism and a distorted sense of both history and culture. Could it be that the encyclopedic museum has outlived its usefulness?
With Museums Matter, James Cuno, president and CEO of the J. Paul Getty Trust and former president and director of the Art Institute of Chicago, offers a rousing defense of encyclopedic museums and their unparalleled ability to engage, enlighten, and educate the public. Cuno begins by taking us on a brief tour of the modern museum, from the creation of the British Museum—the archetypal encyclopedic collection—to the present, when major museums host millions of visitors annually and play a major role in the cultural lives of their cities. Along the way, he acknowledges the legitimate questions about the role of museums in nation-building and imperialism, but he argues strenuously that even a truly national museum like the Louvre can’t help but open visitors’ eyes and minds to the wide diversity of world cultures and the stunning art that is our common heritage.
Engaging with thinkers such as Edward Said and Martha Nussbaum, and drawing on examples from the politics of India to the destruction of the Bramiyan Buddhas to the history of trade and travel, Cuno makes a case for the encyclopedic museum as a crucial component of contemporary public life, promoting values that are essential in our ever more globalized era.
James Cuno is the president and CEO of the J. Paul Getty Trust. He served as president and director of the Art Institute of Chicago from 2004 until 2011, the Courtauld Institute of Art from 2002 until 2004, and the Harvard University Art Museums from 1991 to 2002.." http://www.press.uchicago.edu/news/2012/January/1201cunoprs.html
2. Stone of Kings, In Search of the Lost Jade of the Maya by Gerard Helferich
During the 20th century, as tomb after tomb was discovered at great Maya sites like Palenque in Mexico and Tikal in Guatemala, more such fabulous jade artifacts came to light. The burial chamber of the seventh-century ruler Jasaw Chan K'awiil I, discovered at Tikal in 1962, yielded a headband of emerald-green squares and a jade necklace with beads the size of small apples.
In "Stone of Kings," Gerard Helferich describes not just how the gem achieved such status in the great Mesoamerican civilizations but how one of the original mines was finally located in Guatemala in 1974 by amateur prospectors Jay and Mary Lou Ridinger. That the two fell in love while searching for the mine is a gift for his narrative, and their continuing and dedicated quest for other jade mines over the next 30 years provides a compelling tale.
At times Mr. Helferich becomes a little breathless at the excitement of his own story and ladles on the superlatives. The story is exciting enough in itself; like jade, it needs no embellishment. But his description of the growth of the early Olmec and later Maya civilizations draws on respected academics such as Michael D. Coe, and he rescues the green stone from much of the Indiana Jones hokum that usually surrounds "lost treasure" (one group of rival prospectors even called themselves "the Jade Raiders"). This well-focused and well-told account brings America's most mythologized gemstone into sharp relief." Hugh Thomson, Online Wall Street Journal
Cities of Gold, by Bill Yenne
"The Spanish may have rejected jade, but their quest for precious metals was relentless, as Bill Yenne documents in "Cities of Gold." The figures for gold alone are astonishing. A relatively scarce metal in Europe before the conquest of the New World, by 1560 the Americas had supplied Spain with more than 100 tons of gold, much of which went to fund Charles V's European wars. In the following four decades, the Spanish mined so much silver that its price fell some 85%. They might have done better to follow the example of the Vikings, who simply buried much of their loot upon their return from plundering England.
The flood of 16th-century adventurers questing for gold in sites stretching across the Americas, from the U.S. Southwest to Brazil, has been told many times, and Mr. Yenne does not add greatly to previous accounts. Tellers of popular history need an engaging and accessible style, but Mr. Yenne veers so far towards down-home folksiness as occasionally to be risible. "Columbus was following the money," he explains. Another Spanish conquistador is said to have turned to his guide and asked, "Are we there yet?"
This is history as re-imagined by Homer Simpson, and can at times be good knockabout fun: Pizarro is described as "a middle management type" of only average ability—perhaps unfairly, given that while unprincipled and illiterate, he did conquer an Inca empire of many millions with less than 200 men. Many a corporation would be happy to have him on the staff.
Perhaps the most heart-rending story is that of Sir Walter Raleigh, described by Mr. Yenne in an unhappy phrase as England's "signature soldier of fortune." Raleigh was one of the Elizabethan age's most favored sons, an accomplished officer, courtier and writer, before embarking on a quixotic search for gold in Guiana. He was lured by tales that were both economically and anthropologically enticing, telling of a tribe so rich in gold that they sprinkled themselves with its dust when they feasted. Encouraged by Elizabeth I to go in search of this treasure claimed by Spain—although, with her usual caution, she refused actually to finance the expedition—Raleigh was lucky to return alive from the Orinoco. Two decades later, he returned in search of El Dorado, this time to lose both his beloved son's life and, ultimately, his own. The sad tale has been lucidly recounted before by both V.S. Naipaul and the historian John Hemming, neither of whom Mr. Yenne lists in his bibliography.
Along the way, his account does cast interesting sidelong glances at a parallel narrative: the tales of great Amazonian civilizations recounted by the first conquistadors to travel down that river. These accounts were dismissed as fanciful by those who followed years later and found nothing, but archaeologists have recently uncovered evidence of substantial settlements built in wood, not stone, whose builders may have been vulnerable to European diseases and quickly died out after "first contact." As archaeological methods continue to improve, we are likely to learn far more about these "missing civilizations" who built in such perishable conditions—in many ways a fresher and more important history than that of the gold which so lured European adventurers." Hugh Thomson, Online Wall Street Journal
Legal Update - Fisk - Crystal Bridges - and Barnes
I have written a few pieces on the Fisk University - Georgisa Okeefe case and the Barnes Foundation move to Philadelphia. Below are come background comments on both Fisk and Barnes and the concept of "cy pres" which is the partial basis of how our legal system deals with charitable trust disputes. This provides some insights of how and why trusts are and sometimes should be broken.
The Tennesse Attorney General has gone ahead and filed for permission to appeal the most recent ruling in the Fisk case. Here's a brief AP story. Here's the brief. And here is donor-intent protector Lee Rosenbaum, coming out of retirement to cheer on Super Cooper's forfeiting of his neutrality.
A few comments on the brief:
1. It contains as clear a statement of Donor Intent Absolutism as you will ever see: "[T]he fact that the donee may cease to exist if it is not permitted to change the conditions of a gift ... does not authorize a deviation from the conditions of the gift." Wow, that's cold. O'Keeffe said no sales and that means no sales. If that results in Fisk having to shut its doors, so be it. But wasn't it also part of her intent that Fisk own the works? After all, she could have given them to anyone, but she chose Fisk. Why do we assume the no sale part of her intent is more important than the Fisk part of her intent? It's not as if she said "here is a bunch of artwork, I don't really care who owns them or what happens to them just as long as, please God, they never ever be sold!" In other words, do we really think that, given the choice, O'Keeffe would prefer to see Fisk close down and the works sent somewhere else than the collection sharing arrangement on the table now, in which Fisk survives and retains a 50% interest in the works?
2. Speaking of that retained 50% interest (and the related right to exhibit the works for two out of every four years): the brief bizarrely reads as if the whole collection is being shipped off to Russia or something, never to be seen again. It claims the deal that's been approved converts the collection "into nothing more than a source of revenue for Fisk." It argues that, under the cy pres doctrine, any deviation "must be as close as possible to what the donor intended" and this deal "is far removed from Ms. O'Keeffe's intent and purpose." What was that intent and purpose that we are far removed from? According to the AG, it's that the work "be used for art education in Nashville and the South." O'Keeffe's "primary charitable purpose was to enable the public -- in Nashville and the South -- to have the opportunity to study the Collection in order to promote the general study of art." Seriously? That's their argument? That a collection-sharing arrangement that has the work in Nashville at Fisk half the time and at a brand new museum of American art in Arkansas (which may well "become a place of pilgrimage for art lovers from around the world") half the time is far removed from an intent to enable the public -- in Nashville and the South -- to have the access to the collection? Really?
3. Finally, a word about this silly notion that allowing this collection-sharing arrangement to go forward will "chill" future charitable donations. Look, this case isn't inventing a new way to subvert donor intent; it's applying long-standing doctrine (one that existed at the time O'Keeffe made her gift). As the AG's brief itself notes, the cy pres doctrine was "first codified in New York in 1893." Every single charitable gift comes with an implicit asterisk to the effect that, when changed circumstances make compliance with the terms of the gift impracticable, a court may modify those terms. That was true before the Fisk decision, and remains true after. Reversing the decision in this case would not make that asterisk go away. No donor can ever be "certain" that the conditions of her gift will be honored for all eternity. Fisk happens.
posted by Donn Zaretsky at 11:52 AM
****
The cy-près doctrine ( /ˌsiːˈpreɪ/ see-pray) is a legal doctrine that first arose in courts of equity. The term can be translated (from old Norman French to English) as "as near as possible" or "as near as may be."[1] The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States.[2]
When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor, to prevent the trust from failing.
For example, in Jackson v. Phillips,[3] the testator bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country."[4] After slavery was abolished by the Thirteenth Amendment to the United States Constitution, the funds were applied cy-près to the "use of necessitous persons of African descent in the city of Boston and its vicinity." theartblog.org
University of Pennslyvania Law Review - Excerpts -
The battle over the modification of the trust bylaws will be based on the intent of Albert C. Barnes as the court finds it. The relevant legal question is not what is best for the public, but what Dr. Barnes would have done if he were alive today. The importance of Barnes’s wishes is in no degree lessened because he has been dead for over fifty years. Charitable trusts and all of the idiosyncratic provisions of their founders run in perpetuity. Notwithstanding the potential for a meaningful public benefit, donor intent— not public interest—remains paramount in the administration and modification of charitable trusts.....
The history and current status of charitable trust law is crucial to understanding the Barnes dilemma and how the law currently protects donor intent. The codification of charitable trusts first began in 1601 with the Statute of Charitable Uses.....
To the extent that the influence of donor intent has declined in the United States, it has been at the behest of a handful of lenient judges and jurisdictions,62 by trustees in states without funding for sufficient oversight,63 or by donors themselves who intentionally design trusts with greater discretion.
64 Unless they litigate for a cy pres deviation, trustees are charged with fulfilling the purposes of the trust for the specific class of beneficiaries and in the precise manner ordered by the donor.65 Thus, general public interest can be taken into consideration only insofar as the terms of the trust allow. In a restrictively worded trust such as that governing the Barnes Foundation, the trust terms leave little room for the public interest beyond what is achieved by Barnes’s specific directives. Steadfast respect for donor intent has been justified by theories of private property, freedom of testation, and society’s moral and legal obligation to the donor’s largess.The next Part articulates why respect for donor intent should extend no further than the long-term benefits that it provides for the
public.
III. WHY THE PUBLIC INTEREST SHOULD BE CONSIDERED IN THE ADMINISTRATION OF CHARITABLE TRUSTS
This Part explores three benefits that charitable trusts receive that are critical to their growth and survival: tax exemption, an exception to the rule against perpetuities, and public enforcement of trust provisions. The public cost of providing these benefits is significant and often not offset by the increase in public welfare attributable to trusts. While charitable trusts need only meet a nominal threshold for the public good they provide, the public costs they create are highly variable. The Barnes Foundation epitomizes that problem by providing....
The Barnes Foundation’s 1992 decision not to deaccession over fifteen paintings was based partly on public outcry, serving as an example of how extralegal forces can help to maintain aspects of donor intent.168 Without a court ruling or expensive litigation, the trustees backed down from a decision that the public viewed as an inappropriate use of the Foundation’s assets.169....
The doctrine of cy pres limits the likelihood that impracticability, impossibility, or illegality of specified purposes will lead to failure of the trust because cy pres allows the trust purposes to be modified.189 Although in some cases cy pres has been used as a vehicle to undermine
donor intent,190 typically and traditionally it is used to perpetuate the original intent. Under most cy pres laws, modifications must approximate what the donor would have wanted if he had anticipated the failure of the purposes of the trust. The current Barnes Foundation litigation highlights these problems. Albert C. Barnes’s idiosyncratic beliefs and dictations live with us to this day, regardless of the resulting detriment to the public. A world-class collection remains shrouded by restrictive trust terms, with access limited to mere hundreds of people per week, when millions clamored to view the art on its one-time tour. Meanwhile, the collection has benefited from huge tax breaks, ongoing enforcement of trust terms, and use of the judicial system and the office of the Attorney
General for enforcement of each of the Barnes indenture’s provisions. Now the Foundation, the City of Philadelphia, and the public have a unique and unprecedented opportunity to open the collection and free it from unreasonable restraints. Under current law, however, it is unclear whether the court will allow such a significant departure from Barnes’s original terms. This Comment has discussed five ways that the public interest can be incorporated into the administration of charitable trusts like the Barnes Foundation. Through statutory reform and changes in the public policy regarding charitable trusts, perhaps the public will displace donors as the true beneficiary of charity in America.
http://www.law.upenn.edu/journals/lrev/Issues/vol151/Issue5/Eisenstein.pdf
The Tennesse Attorney General has gone ahead and filed for permission to appeal the most recent ruling in the Fisk case. Here's a brief AP story. Here's the brief. And here is donor-intent protector Lee Rosenbaum, coming out of retirement to cheer on Super Cooper's forfeiting of his neutrality.
A few comments on the brief:
1. It contains as clear a statement of Donor Intent Absolutism as you will ever see: "[T]he fact that the donee may cease to exist if it is not permitted to change the conditions of a gift ... does not authorize a deviation from the conditions of the gift." Wow, that's cold. O'Keeffe said no sales and that means no sales. If that results in Fisk having to shut its doors, so be it. But wasn't it also part of her intent that Fisk own the works? After all, she could have given them to anyone, but she chose Fisk. Why do we assume the no sale part of her intent is more important than the Fisk part of her intent? It's not as if she said "here is a bunch of artwork, I don't really care who owns them or what happens to them just as long as, please God, they never ever be sold!" In other words, do we really think that, given the choice, O'Keeffe would prefer to see Fisk close down and the works sent somewhere else than the collection sharing arrangement on the table now, in which Fisk survives and retains a 50% interest in the works?
2. Speaking of that retained 50% interest (and the related right to exhibit the works for two out of every four years): the brief bizarrely reads as if the whole collection is being shipped off to Russia or something, never to be seen again. It claims the deal that's been approved converts the collection "into nothing more than a source of revenue for Fisk." It argues that, under the cy pres doctrine, any deviation "must be as close as possible to what the donor intended" and this deal "is far removed from Ms. O'Keeffe's intent and purpose." What was that intent and purpose that we are far removed from? According to the AG, it's that the work "be used for art education in Nashville and the South." O'Keeffe's "primary charitable purpose was to enable the public -- in Nashville and the South -- to have the opportunity to study the Collection in order to promote the general study of art." Seriously? That's their argument? That a collection-sharing arrangement that has the work in Nashville at Fisk half the time and at a brand new museum of American art in Arkansas (which may well "become a place of pilgrimage for art lovers from around the world") half the time is far removed from an intent to enable the public -- in Nashville and the South -- to have the access to the collection? Really?
3. Finally, a word about this silly notion that allowing this collection-sharing arrangement to go forward will "chill" future charitable donations. Look, this case isn't inventing a new way to subvert donor intent; it's applying long-standing doctrine (one that existed at the time O'Keeffe made her gift). As the AG's brief itself notes, the cy pres doctrine was "first codified in New York in 1893." Every single charitable gift comes with an implicit asterisk to the effect that, when changed circumstances make compliance with the terms of the gift impracticable, a court may modify those terms. That was true before the Fisk decision, and remains true after. Reversing the decision in this case would not make that asterisk go away. No donor can ever be "certain" that the conditions of her gift will be honored for all eternity. Fisk happens.
posted by Donn Zaretsky at 11:52 AM
****
The cy-près doctrine ( /ˌsiːˈpreɪ/ see-pray) is a legal doctrine that first arose in courts of equity. The term can be translated (from old Norman French to English) as "as near as possible" or "as near as may be."[1] The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States.[2]
When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor, to prevent the trust from failing.
For example, in Jackson v. Phillips,[3] the testator bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country."[4] After slavery was abolished by the Thirteenth Amendment to the United States Constitution, the funds were applied cy-près to the "use of necessitous persons of African descent in the city of Boston and its vicinity." theartblog.org
University of Pennslyvania Law Review - Excerpts -
The battle over the modification of the trust bylaws will be based on the intent of Albert C. Barnes as the court finds it. The relevant legal question is not what is best for the public, but what Dr. Barnes would have done if he were alive today. The importance of Barnes’s wishes is in no degree lessened because he has been dead for over fifty years. Charitable trusts and all of the idiosyncratic provisions of their founders run in perpetuity. Notwithstanding the potential for a meaningful public benefit, donor intent— not public interest—remains paramount in the administration and modification of charitable trusts.....
The history and current status of charitable trust law is crucial to understanding the Barnes dilemma and how the law currently protects donor intent. The codification of charitable trusts first began in 1601 with the Statute of Charitable Uses.....
To the extent that the influence of donor intent has declined in the United States, it has been at the behest of a handful of lenient judges and jurisdictions,62 by trustees in states without funding for sufficient oversight,63 or by donors themselves who intentionally design trusts with greater discretion.
64 Unless they litigate for a cy pres deviation, trustees are charged with fulfilling the purposes of the trust for the specific class of beneficiaries and in the precise manner ordered by the donor.65 Thus, general public interest can be taken into consideration only insofar as the terms of the trust allow. In a restrictively worded trust such as that governing the Barnes Foundation, the trust terms leave little room for the public interest beyond what is achieved by Barnes’s specific directives. Steadfast respect for donor intent has been justified by theories of private property, freedom of testation, and society’s moral and legal obligation to the donor’s largess.The next Part articulates why respect for donor intent should extend no further than the long-term benefits that it provides for the
public.
III. WHY THE PUBLIC INTEREST SHOULD BE CONSIDERED IN THE ADMINISTRATION OF CHARITABLE TRUSTS
This Part explores three benefits that charitable trusts receive that are critical to their growth and survival: tax exemption, an exception to the rule against perpetuities, and public enforcement of trust provisions. The public cost of providing these benefits is significant and often not offset by the increase in public welfare attributable to trusts. While charitable trusts need only meet a nominal threshold for the public good they provide, the public costs they create are highly variable. The Barnes Foundation epitomizes that problem by providing....
The Barnes Foundation’s 1992 decision not to deaccession over fifteen paintings was based partly on public outcry, serving as an example of how extralegal forces can help to maintain aspects of donor intent.168 Without a court ruling or expensive litigation, the trustees backed down from a decision that the public viewed as an inappropriate use of the Foundation’s assets.169....
The doctrine of cy pres limits the likelihood that impracticability, impossibility, or illegality of specified purposes will lead to failure of the trust because cy pres allows the trust purposes to be modified.189 Although in some cases cy pres has been used as a vehicle to undermine
donor intent,190 typically and traditionally it is used to perpetuate the original intent. Under most cy pres laws, modifications must approximate what the donor would have wanted if he had anticipated the failure of the purposes of the trust. The current Barnes Foundation litigation highlights these problems. Albert C. Barnes’s idiosyncratic beliefs and dictations live with us to this day, regardless of the resulting detriment to the public. A world-class collection remains shrouded by restrictive trust terms, with access limited to mere hundreds of people per week, when millions clamored to view the art on its one-time tour. Meanwhile, the collection has benefited from huge tax breaks, ongoing enforcement of trust terms, and use of the judicial system and the office of the Attorney
General for enforcement of each of the Barnes indenture’s provisions. Now the Foundation, the City of Philadelphia, and the public have a unique and unprecedented opportunity to open the collection and free it from unreasonable restraints. Under current law, however, it is unclear whether the court will allow such a significant departure from Barnes’s original terms. This Comment has discussed five ways that the public interest can be incorporated into the administration of charitable trusts like the Barnes Foundation. Through statutory reform and changes in the public policy regarding charitable trusts, perhaps the public will displace donors as the true beneficiary of charity in America.
http://www.law.upenn.edu/journals/lrev/Issues/vol151/Issue5/Eisenstein.pdf
Saturday, February 11, 2012
Ray Wielgus Is Still Waiting


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