
NEW YORK — Two New York museums asked a judge
recently to declare that they are the legitimate owners of two
Picasso paintings whose ownership has been challenged by a man
who says they were sold under duress in Nazi Germany.
The 1935 sale of Boy Leading a Horse and Le
Moulin de la Galette was legitimate, the Museum of Modern Art
and the Solomon R. Guggenheim Foundation said in a suit filed in
Manhattan federal court.
The two museums are suing Julius Schoeps, a
scholar at the University of Potsdam, who says he is the heir of
wealthy German Jewish art collector and banker Paul Robert Ernst
von Mendelssohn-Bartholdy and that the banker was forced to sell
the paintings in Nazi Germany before his death in 1935.
William Paley, a long-time trustee of MoMA
who would eventually be its president and chairman, bought Boy
Leading a Horse in 1936 and gave it to the museum in 1964. It is
one of the best-known paintings in the museum’s collection.
Le Moulin de la Galette was transferred to
the Guggenheim in 1963 by Justin Thannhauser, a leading German
Jewish art dealer and von Mendelssohn-Bartholdy business
associate, and absolutely acquired by the museum in 1978 after
his death, the museum said.
The museums said Schoeps has no claim to the
paintings because they were left to von Mendelssohn-Bartholdy’s
second wife, Elsa Lucy Emmy Lolo von Lavergue-Peguilhen, who was
not Jewish, prior to their sale. They said Berlin-based Von
Mendelssohn-Bartholdy’s prominence in society helped shield him
from Nazi persecution.
"There is no evidence that von Mendelssohn-Bartholdy
or his second wife suffered pressure to sell their art through
any discriminatory measure," court papers said.
But Schoeps, European-Jewish studies director
at the University of Potsdam in Germany, has said his great
uncle’s paintings were sold under pressure following Adolf
Hitler’s rise to power in 1933.
Schoeps’ lawyer John Byrne did not
immediately comment.
Last year, Schoeps lost a claim contesting
the ownership of Portrait of Angel Fernandez de Soto, a $60
million Picasso painting that belonged to the British composer
Andrew Lloyd Webber’s Art Foundation.
It was due to be auctioned, but the Lloyd Webber foundation
withdrew the 1903 painting, also known as The Absinthe Drinker,
saying a "cloud of doubt has been recklessly placed" on its
ownership. – Reuters