Estate Planning

Famous Vermeer Painting Faces Nazi-Era Claim

By Hull & Hull LLP

The heirs of a man who sold a well known Vermeer painting to Hitler are seeking its return from the Austrian museum where it is currently on display.  

'The Art of Painting', which dates between 1665 and 1668, is currently housed at the Kunsthistorisches Museum in Vienna and is considered one of Vermeer's most important works. Its exact value is unknown, but conservative estimates put it at in excess of $211 million (US). 

Vermeer never sold it, but after his death his widow was forced to do so because of financial hardship. The painting eventually made it to Jagomir Czernin, part of the Austrian aristocracy, in the early 1900s. Czernin later tried to sell it to an American industrialist in the 1930s, but when the annexation of Austria to the Third Reich occurred, foreign sales of that nature were prohibited.

Czernin then tried to sell it to a German industrialist, but Hitler found out about the potential sale and decided he wanted to buy the painting for a museum he had previously established. Hitler, because of his office, held a prerogative to acquire goods before others and ended up purchasing the painting for what was then about $660,000.00 (US) – a price Czernin's heirs allege was below market value. 

Czernin's heirs are now arguing that the sale amounted to duress because his family was under threat at the time (as a result of his wife's Jewish ancestry). Apparently, after the painting was sold Czernin spent fifteen years unsuccessfully suing to get it back. His heirs are now continuing the fight.

So far, the museum has refused to return it. It says there is no evidence of duress at the time the sale was made or that the painting was undervalued. Currently, the Austrian Commission for Provenance Research is considering the matter and is expected to make recommendations this year regarding whether the piece should be returned to the heirs.

As a postscript to yesterday's blog on the litigation involving the Toronto Humane Society, I note the decision I discussed is now available online.  

Have a great weekend!

Megan F. Connolly  

Full post as published by Toronto Estate Law Blog on January 29, 2010 (boomark / email).