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Test Cases
In 2002, Thomas Bennigson, a
University of California law student in
Actress Elizabeth Taylor has won a ju
Oakland, tracked down the painting's
ment in her stru e to retain a van
provenance,
which showed that the
Gogh painting that has been claimed as
Picasso had belonged to his grandmoth-
Nazi-looted art.
er, Carlota Landsberg of Berlin, before
The ruling in Taylor's efforts to keep
being taken forcibly by the Nazis.
van Gogh's View of the Asylum and
In 1976, Hahn sold Pissarro's Rue de
Chapel at Saint-Remy has been accom-
Saint Honore Apres Midi, Effet de Pluie
panied by a development in another art
to Baron Hans Heinrich Thyssen,
case dating from the Holocaust era.
whose
family allegedly had close ties to
In a recently announced decision,
Hitler.
U.S. District Court Judge Gary
Klausner ruled against Canadian
attorney Andrew Orkin because
the statute of limitations has
expired.
At stake in the Taylor case is the
van Gogh painting, which the
actress bought 41 years ago for
$257,000 but is now believed to
be worth between $10 million
and $15 million.
Her ownership has been con-
tested by Orkin, who claims that
the painting had been confiscated
by the Hider regime from his
great-grandmother, Margarete
Mauthner, who then lived in
Berlin and later immigrated to
South Africa.
Orkin said he had been advised
not to comment on the case, but
his attorney, Tom Hamilton,
issued a statement claiming judi-
cial errors and announcing a pos-
sible appeal.
Picasso's "Femme en blown
In the second case, descendants
of German Jews advanced their
claims to works by Picasso and Pissarro.
Recently, Claude Cassirer of San
That case has been met with even
Diego
spotted a picture of the painting
greater interest in the legal and art
in a catalogue of the Thyssen collection.
worlds because of a ruling that an art
Cassirer's grandmother, Lilly
dealer or gallery owner can be sued for
Neubauer Cassirer, a German Jew, had
the proceeds he gained by selling Nazi-
been forced to sell the Pissarro for a
looted paintings.
Although the case involves two differ- fraction of its value under Nazi pressure.
In her ruling, Superior Court Judge
ent families and two different paintings,
Denise
deBellefeuille found that the use
the pleadings were combined because
of
a
"constructive
trust" on the sale pro-
they involved the same art dealer and
ceeds of the two paintings was a proper
identical issues, said Los Angeles attor-
remedy when a person earns compensa-
ney E. Randol Schoenberg.
tion from the sale of property belonging
The art dealer is Stephen Hahn, a
gallery owner formerly in New York and to another.
Schoenberg said, "This is the first
now in Santa Barbara, Calif
time
that I know of that someone has
According to court records, in 1975
Hahn sold Picasso's Femme en Blanc to a tried to sue downstream to recover from
a dealer who sold Nazi-looted paint-
private Chicago collector, Marilyn
ings.
Alsdorf
However, he acknowledged that many