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Mondrian Heirs Sue Philadelphia Museum for Return of PaintingMondrian Heirs Sue Philadelphia Museum for Return of Painting

Lawsuit claims the work was confiscated by the Nazis.

Susan R. Lipp - Moderator, Editor in Chief

December 15, 2021

2 Min Read
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The Philadelphia Museum of ArtRaymond Boyd/Michael Ochs Archives/Getty Images

A recent article in The New York Times described a lawsuit filed by the heirs of the artist Piet Mondrian to recover the painting “Composition with Blue” from the Philadelphia Museum of Art. The heirs claim that Mondrian never lost title to the painting, reportedly worth at least $100 million, because it was confiscated by the Nazis as “degenerate art” and later sold.

Mondrian died in 1944, leaving his entire estate to his close friend, the artist Harry Holtzman. The plaintiffs are Holtzman’s three children. The museum contends that it got the work in 1943 and questions why the heirs waited so long to ask for its return. This situation is a bit unusual, says Sherri Cohen, head of Business Development at Bonhams in New York City, in that it’s the heirs of the artist who are seeking its return, rather than the heirs of a prior owner of the artwork.

This isn’t the first lawsuit filed by the heirs for return of paintings. According to ARTNews, in 2020, the heirs also sued the Kunstmuseen Krefeld in Germany for the return of four other paintings worth over $200 million, which the heirs claimed were loaned to the museum and never returned. The artworks were thought to be lost, but they resurfaced.

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Mondrian's “Composition with Blue

Buyer Beware

These types of claims for artwork confiscated by the Nazis during World War II aren’t uncommon and have varying degrees of success, says Cohen. She notes that buyer beware caveats apply when there’s a gap in provenance history between 1933 and1945 and the work may have been in Continental Europe. Purchasers of this type of artwork should always practice robust due diligence.

About the Author

Susan R. Lipp - Moderator

Editor in Chief, Trusts & Estates Magazine

Susan R. Lipp is editor in chief of Trusts & Estates magazine, the WealthManagement.com Journal for estate-planning professionals. She oversees both the print and online version of T & E, as well as the monthly e-newsletter articles.
Susan served in leadership positions at Vendome Group, LLC (formerly Brownstone Publishers, Inc.) with editorial responsibility for publications and newsletters. Following her tenure at Vendome Group, Susan joined Community Housing Improvement Program (CHIP) as General Counsel, where she was editor in chief of its monthly newsletter and implemented initiatives to educate members on legal requirements. Susan began her career at Rosenberg and Estis, P.C., a real estate law firm in New York City.
Susan holds a Bachelor of Arts in Sociology from Brandeis University. She received her Juris Doctor Law degree from Hofstra University School of Law, graduating with distinction and having served as Associate Editor of the Law Review. Susan is admitted to practice law in New York State and is a member of the New York State Bar Association.