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In a suit filed in Los Angeles Superior Court on Wednesday, the Norton Simon Museum of Art in Pasadena, California, is arguing that it is the proper owner of 16th-century diptych that was looted by the Nazis and later sold to its founder. The heirs have been fighting for the artwork for decades, though the family chose after World War II not to sue for its return.
The museum opposes an attempt by the Jewish Federation-Council of Greater Los Angeles and its board chair Daniel Gryczman, who sued in September for the return of Lucas Cranach the Elder’s 16th-century diptych painting Adam and Eve. Marei von Saher, heir to the Dutch dealer Jacques Goudstikker, who owned the piece before the war, has sued unsuccessfully for the paintings before, and has now transferred her rights to the federation.
In August 2016, the same court ruled after 12 years of litigation that the museum was the rightful owner. The Supreme Court declined to reopen the case. But the heirs are suing in the wake of amendments to the Holocaust Expropriated Art Recovery (HEAR) Act, that stipulate that US defendants in restitution conflicts may not use certain types of defenses, including statutes of limitation and the “act of state” doctrine.
The painting and other artworks owned by Goudstikker have a complicated history, as the museum’s filing puts forth. When the Soviet Union auctioned off a collection from the aristocratic Stroganoff family in 1931, Goudstikker bought the Cranach. When the Nazis invaded the Netherlands in 1940, Goudstikker left behind his gallery with some 1,200 works; he died in transit to the US in an accident on board ship. His wife Desirée inherited his company, which was forced by the Nazis to sell off its assets; Nazi Reichsmarschall Herman Göring bought the Cranach and other pieces. Allied forces recovered the works and restored them to the Netherlandish government. Desirée did not opt to petition for the return of the Cranach, not wishing to run an art dealership, but did successfully pursue restitution for other property.
In 1961, a Stroganoff heir filed for return of the Cranach and a Rembrandt, saying they had been looted by the Soviets. It was ultimately agreed in 1966 that he could buy the Cranach, which he then sold to the Norton Simon Art Foundation for $800,000. The artwork has remained on public view ever since.
Von Saher revived the business after Desirée Goudstikker died in 1996 and began fighting to get the Cranach back in 1998. The Dutch government refused, saying the matter had been rightfully resolved. In 2001, the Dutch instituted a revised policy, under which Von Saher claimed for return of some other works in 2004, but not the Cranach. The Dutch state approved the return of some artworks, while also saying the matter had been properly settled.
Von Saher sued the Norton Simon in 2007 and was denied three times, says the museum.
A representative for the Jewish Federation did not immediately answer a request for comment on the museum’s lawsuit.