MFA is owner of contested painting →
COPYRIGHT THE BOSTON GLOBE
The federal Appeals Court in Boston has found that the Museum of Fine Arts, Boston owns a valuable 1913 painting by expressionist Oskar Kokoschka, ruling that the statute of limitations had run out on an Austrian woman’s assertion that she was the rightful owner.
Claudia Seger-Thomschitz sought the return of “Two Nudes (Lovers),’’ arguing that Jewish art collector Oskar Reichel had sold it under duress after Austria was annexed by Nazi Germany in 1938. Seger-Thomschitz is Reichel’s sole surviving heir.
The US Court of Appeals for the First Circuit said it had not made a judgment about the legality of the museum’s acquisition of the painting in 1973. It also pointed out that “statues of limitations do not vindicate the conduct of parties who successfully invoke them,’’ while urging museums to take a close look at the background of paintings from that period.
“For works of art with unmistakable roots in the Holocaust era,’’ the court said, “museums would now be well advised to follow the guidelines of the American Association of Museums: “Museums should take all reasonable steps to resolve the Nazi-era provenance status of objects before acquiring them for their collections, whether by purchase, gift, bequest, or exchange.’’
Reichel sold the painting after the Anschluss, the annexation of Austria in March 1938, to a dealer he knew who had moved to Paris. The painting passed through several other owners before it was bequeathed to the MFA, the decision said.
Reichel and his family were forced to close the business he had founded and give up the family home and another property. One son was deported to Poland and killed. Reichel’s wife survived a concentration camp, and he died of natural causes in 1943. Seger-Thomschitz is the heir of one of Reichel’s other sons, who died in 1997, the decision said.
In 2007, attorneys for Seger-Thomschitz contacted the museum to demand the painting’s return. After negotiations failed between Seger-Thomschitz and the museum, the MFA sued in 2008, seeking to confirm its ownership of the painting.
US District Judge Rya W. Zobel ruled in May in favor of the MFA, but Seger-Thomschitz appealed. The Appeals Court agreed with the lower court judge that Seger-Thomschitz could not sue because, under state law, people must file lawsuits within three years of learning they have been harmed.
By her own admission, the court said, Seger-Thomschitz learned in fall 2003 that she might have a claim to artworks previously owned by Reichel when the Museums of Vienna contacted her to return works by another artist that were once owned by Reichel.
Her attorneys did not contact the museum until March 12, 2007, more than three years later, the court said.
Seger-Thomschitz is a nurse with no training in Nazi-era art claims. But the court said it was her burden to seek professional help to find out whether she had a claim.
The MFA had researched the painting after learning of Seger-Thomschitz’s claim and concluded that the original sale of the painting was valid.
Katherine Getchell, deputy director of the museum, said in a statement yesterday that the judgment “shows our commitment to the research and doing the right thing.’’
Getchell also said the MFA’s research had found that the “family knew about this painting and did not assert a claim.’’
Attorney Thomas J. Hamilton of Washington, who represented Seger-Thomschitz, did not immediately return a call seeking comment last night.
The painting is a self-portrait of the artist with Alma Mahler, wife of the composer Gustav Mahler, with whom Kokoschka had an affair. In recent years, other Kokoschka works have sold at auction for as much as $1 million.
The 26-page ruling from a three-judge panel of the court was written by Justice Kermit Lipez.
Geoff Edgers of the Globe staff contributed to this report.