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December 28, 2007

Judge: Painting taken by Nazis belongs to Jewish dealer

PROVIDENCE -- A painting auctioned by Nazi authorities and now held by an elderly German baroness rightfully belongs to the estate of a late Jewish art dealer who was forced to sell it, a federal judge has ruled.

In a decision made yesterday, U.S. District Court Judge Mary Lisi ordered Maria-Luise Bissonnette to turn over "Girl from the Sabiner Mountains" to representatives of the estate of Max Stern, a prominent Canadian art dealer who died in 1987.

Although outside experts have not authenticated the painting, both sides claim it is a work of Franz Xaver Winterhalter, a 19th-century artist made famous for his portraits of European nobility.

"It's a very significant ruling," said Thomas Kline, a lawyer for Stern's estate. "It vindicates Dr. Stern's effort to try and hold onto his collection during the Nazi era, (and) to seek its return afterward."

Kline said he intends to arrange for the return of the painting, which is now in a German warehouse. Marta Garrett, a lawyer for Bissonnette, would not comment on the ruling or say whether Bissonnette plans an appeal.

-- The Associated Press

Stern inherited his family's Dusseldorf art gallery in 1934. Three years later, Nazi authorities forced him to auction off its contents because Stern was a Jew.

Bissonnette's stepfather, Karl Wilharm, a doctor and Nazi party member, purchased the painting at the auction. Bissonnette eventually resettled in Rhode Island and inherited the painting from her parents.

Stern fled Germany after the auction, resettled in Montreal and tried to recover his lost artwork. He never tracked down "Girl from the Sabiner Mountains" before dying in 1987.

Stern left his estate to three universities: McGill and Concordia universities in Montreal and Hebrew University in Jerusalem. The schools have continued Stern's work in trying to find his paintings, several of which remain missing.

Stern's estate found the painting after Bissonnette attempted to auction it in 2005. They first tried to negotiate its return but when talks broke down, lawyers for the estate filed a lawsuit to get it back.

Posted by Mike McKinney  at 12:08 PM | Permalink

Comments

It's interesting to me that this can be reclaimed, but land owned by Palestinians who fled during the 1948 war is considered forfeit to Israel.

No sauce for the gander, I guess.

joe | December 28, 2007 1:21 PM link

joe, that's true. However, the Palestinians only lived there for hundreds of years. My Algonquin ancestors lived in the area now known as Montreal for 10,000 years, and never "sold" the land to anybody.

And some would say that Roger Williams "forced", or at least connived, Canonicus to "sell" the land now called Providence to him. (As everyone knows, native Americans neither "owned" nor "sold" land to one another.) Aye, corruption in this state goes waaaaaay back.

another goose | December 30, 2007 9:39 AM link

The Palestinians are the descendants of the Philistines, who date back to at least 1000 B.C.

joe | December 31, 2007 8:26 AM link

p.s. I know that some Native Americans did not believe in the concept of land ownership, but some did, for example, I remember reading of one group, whose name escapes me, who had matriarchal inheritance.

joe | December 31, 2007 8:29 AM link

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