The Rijksmuseum does not have to return a precious painting by Bart van der Leck to the elderly woman who donated it to the museum in 2013. That statement the Amsterdam court published on Friday.
The woman, Oosje Silbermann-Frenkel (1932), had filed a lawsuit against the museum with her two sons. She would have been incapacitated at the time of the donation in 2013, after a brain tumor was discovered in a granddaughter. In a confused state, the woman stated, she had made the donation as a “sacrifice to appease the gods.”
The case came to the fore a year and a half ago. The family accused the museum of having handled the donation eagerly and carelessly. The then director Wim Pijbes collected the painting in his official car from the donor and then turned a deaf ear to telephone calls and a letter from the sons stating that mother had already sold the painting to them in 2003. The museum is also said to have done insufficient research into the donor’s mental state. The family therefore demanded that the donation be undone.
Also read: Did the Reich behave properly when it accepted a donation?
Extreme care
The family’s claims have been dismissed on all counts. According to the court, there is nothing to show that the Rijksmuseum was aware of any mental disorder of Mrs Silbermann at the time of the donation. In addition, friends of hers have stated that she deliberately gave the painting away as a tribute to her father. That was also on a sign near the painting.
The museum issued a brief response after the statement: “The Rijksmuseum always exercises the utmost care with regard to donations and legacies. It is good for the public that this work by Bart van der Leck can be seen in a public collection.”
The family’s lawyer, Martha Visser of Bergh Stoop & Sanders, is surprised by the verdict. Especially about the fact that the court approves that the museum can remove a work of art from the wall of a very elderly lady who has never donated before without doing any research and without putting anything on paper. “With this, the court places a premium on the acquisition of works of art by museums as quickly as possible and especially without research.” The family is still considering whether to appeal the ruling.
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