A settlement has been reached over the rightful ownership of an Egon Schiele painting between the heirs of Vienna art dealer Lea Bondi Jaray and Vienna's Leopold Museum. While the dispute centers on international law, we are sure it is a case that will certainly intrigue a NY estate attorney since it involves estate ownership. The Wall Street Journal reports that the Leopold Museum of Vienna has agreed to pay $19 million to the heirs of the Jewish art dealer Lea Bondi Jaray. The Egon Schiele painting known as "Wally" was stolen by the Nazis during World War II.
After the war, the U.S. military returned the Egon Schiele painting to the Austrian Federal Office for the Preservation of Historical Monuments. However, it was grouped with a collection of art owned by Heinrich Rieger. Rieger's heirs sold the painting to the Austrian National Gallery, who then sold the painting to Rudolf Leopold. It is Mr. Leopold who founded the Leopold Museum. When asked to return the painting by Ms. Jaray herself, Mr. Leopold refused. He told her that he bought the painting through legal channels.
She died in 1969.
When the painting was loaned to New York's Museum of Modern Art in 1997, Jaray's heirs alerted New York officials. Manhattan D.A. Robert Morgenthau seized the painting. However, the New York Court of Appeals decided in 1999 that the city of New York had to return the painting. At that point, federal authorities stepped in and stored the painting with U.S. Customs.
While this is certainly a unique case, it does bring up the point that heirs of any estate can bring legal action in order to reclaim stolen property. If you have specific questions about recouping stolen art for an estate, it may help to meet with a New York estate planning lawyer in order to figure out possible legal remedies. For more information about looted Jewish art during World War II, please visit The International Council Of Museum's Page on Spoliation of Jewish Cultural Property.
Related Resources:
- Von Saher v. Norton Simon Museum of Art (FindLaw's U.S. Ninth Circuit Blog)
- Locate A NY Estate Attorney (FindLaw)
- Susie Morton Sues Lucille Ball's Daughter Over Memorabilia (FindLaw's New York Estate Planning News Blog)
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