L-R 55.2023

Creator
Adriaen van Ostade, Dutch, 1610–1684
Object Title
Customers Conversing in an Interior
Measurements
44.5 × 37.5 cm (17 1/2 × 14 3/4 in.)
Credit Line
Promised gift of Susan and Matthew Weatherbie, in support of the Center for Netherlandish Art
Creation Date
1671
Object Type
Object URL
https://collections.mfa.org/objects/654685

Claim Resolution

Resolution
Agreement reached, museum retained work
Resolution Date
April 2023
Details of Resolution
In April 2023, Susan and Matthew Weatherbie and the MFA reached an agreement with the heirs of art dealers Paul Graupe and Arthur Goldschmidt, resolving the ownership of Adriaen van Ostade’s painting Customers Conversing in an Interior (1671), which had been sold to Adolf Hitler in the early 1940s. The agreement allows the painting to be retained and exhibited at the MFA, and donated to the Museum at a future date by the Weatherbies.

By 1937, the Ostade panel was part of the stock of Paul Graupe et Cie., a Paris-based gallery run by the Jewish art dealer Paul Graupe. Graupe and his business partner, Arthur Goldschmidt, who was likewise Jewish, had been compelled to leave Nazi Germany for France due to racial persecution. In 1939, Graupe again fled, first to Switzerland, then to Portugal in 1940, and ultimately to the U.S. in 1941. His gallery stock was left behind in occupied Paris. In 1940, after he was sent to an internment camp and conscripted into service, Goldschmidt fled to the south of France, which was then not occupied. Before leaving Europe, Graupe asked for Goldschmidt’s help in saving his gallery stock, including Customers Conversing in an Interior, which he hoped could be sent to Switzerland or the U.S. In February 1941, however, Goldschmidt sold the Ostade to Karl Haberstock, an agent for Hitler. Goldschmidt was able to immigrate to Cuba later that year, making his way to the U.S. in 1946.

Haberstock sold the painting to the Reich Chancellery in April 1941. It was selected for inclusion in the art museum Hitler planned to build in Linz, Austria, the so-called Führermuseum. Customers Conversing in an Interior was recovered by Allied forces after the end of World War II and shipped to France for restitution. It is not known if Graupe ever learned what had happened to it. The painting was not claimed by the end of the 1940s, and as a result the French state auctioned it in 1951. It changed hands several times on the European art market before Susan and Matthew Weatherbie bought it, unaware of its Nazi-era history, in 1992. It is one of 28 Dutch and Flemish paintings the Weatherbies pledged to the MFA in 2017.

APP.2022.172

Object Title
Early Byzantine bracelet with a Roman cameo of Medusa
Measurements
Overall: 4.1 x 7.3 cm (1 5/8 x 2 7/8 in.)
Creation Date
5th century A.D., incorporating a cameo of the 1st-2nd centuries A.D.
Credit Line
Gift of George D. and Margo Behrakis
Museum Contact
provenance@mfa.org
Culture
Country of Origin
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/515106/
Museum's Definition of Antiquity
Before 752 A.D.
Provenance Information
By 2007, Theodore Sarmas (b. 1938 – d. 2018), London; 2008, sold by Theodore Sarmas, through Robert Haber and Associates, New York, to George and Margo Behrakis, Tewksbury, MA; 2022, gift of George and Margo Behrakis to the MFA. (Accession Date: June 22, 2022)

ADDITIONAL INFORMATION:
In 2008, this bracelet was purchased with the guidance of the Museum. The owner, Theodore Sarmas, provided documentation to the MFA that lists “a bracelet” along with trays, brooches, belts, crosses, and “other various items” that his father had acquired in 1937 from a Liverpool collector, Mr. Barry, and that were passed along to Mr. Sarmas at his father’s death in 1963. With this documentation, the MFA accepted the bracelet as a promised gift.

New information has come to light, suggesting that this was a false provenance used repeatedly by the seller. The story may have been fabricated to disguise a recent instance of archaeological looting. Normally, the MFA would not accept or hold an object believed to have been illicitly excavated without reaching out to representatives of the country of origin. In this case, however, the bracelet’s country of origin is not known. By drawing attention to its lack of provenance, the MFA hopes to increase the visibility of the bracelet, raise awareness of the problem of unprovenanced antiquities on the market, and bring in additional information from others.
Exhibition Information
"Past is Present: Revival Jewelry," MFA, Boston, February 14, 2017 - August 19, 2018.

Publication Information
Yvonne .J. Markowitz, Artful Adornments: Jewlery from the Museum of Fine Arts, Boston (2011), p. 57.
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
At the time this was acquired, its provenance was believed to be traceable to a date earlier than 1970. The MFA has since uncovered new information that casts doubts on this account of its ownership history.

2010.372

Object Title
Table leg (trapezophoros) with goat head
Measurements
Overall: 87 × 14.6 × 17.8 cm (34 1/4 × 5 3/4 × 7 in.)
Creation Date
1st - 2nd century A.D.
Credit Line
Benjamin and Lucy Rowland Fund, Morris and Louise Rosenthal Fund, Otis Norcross Fund, John Michael Rodocanachi Fund, Dora S. Pintner Fund, and by exchange from the Everett Fund, Gift of Mr. and Mrs. Cornelius C. Vermeule III, Gift of Thomas G. Appleton, G
Museum Contact
provenance@mfa.org
Culture
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/539973/
Museum's Definition of Antiquity
Before 476 A.D.
Provenance Information
December 18, 2009, anonymous sale, Gorny and Mosch, Munich, lot 18, to Rupert Wace Ancient Art Ltd., London; January 2010, sold by Wace to Safani Gallery Inc., New York; 2010, sold by Safani to the MFA. (Accession Date: June 16, 2010)

NOTE: According to a signed and notarized statement provided by Bernd Lehmann of Kulmbach, Germany (March 24, 2010), he sold this object in Munich in 2000. This affidavit states that the table leg had belonged to Johannes Behrens (b. 1874 - d. 1947) of Bremen, a naval officer from 1908 until 1939, who traveled in the Mediterranean and South America, leaving his family a collection of objects from all over the world. News reports from 2022 of an antiquities trafficking investigation have cast doubts on the veracity of this ownership history, which has otherwise accompanied objects alleged to be looted.
Exhibition Information
None
Publication Information
None
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
At the time this was acquired, its provenance was believed to be traceable to a date earlier than 1970. The MFA has since uncovered new information that casts doubts on this account of its ownership history.

61.1136

Creator
Roman
Object Title
Portrait of a man; perhaps the Emperor Maximianus Herculius
Measurements
24.7 cm (9 3/4 in.)
Credit Line
Samuel Putnam Avery Fund
Creation Date
Late Imperial Period, late 3rd - early 4th century
Object Type
Object URL
https://collections.mfa.org/objects/151372

Claim Resolution

Resolution
Work restituted to heirs or other representatives
Resolution Date
2022
Details of Resolution
In 2022, the MFA restituted this Late Imperial marble Portrait of a Man to the Republic of Italy, from where it is believed to have been stolen during World War II.

The head was found in December 1931 at Minturno, Italy, during a series of excavations undertaken by the University of Pennsylvania and the Superintendency of Campania in Naples. The head was published, inventoried and illustrated in a catalogue of sculptures from the excavations in 1938. During World War II, a number of archaeological finds and other works of art stored at Minturno were stolen, probably by German troops, or were otherwise dispersed in the upheaval of war. The Portrait of a Man was almost certainly taken at this time.

The Museum purchased the sculpture from the Swiss gallery Münzen und Medaillen in 1961, with no documentation of its collecting history. In July 2019, Professor Irene Bald Romano of the University of Arizona alerted MFA staff that the head had gone missing from Italy during World War II. This information prompted an investigation of the sculpture’s provenance. After verifying its excavation at Minturno and the loss of artwork there during the war, the Museum wrote in September 2019 to the Italian Ministry of Culture to inform them of the sculpture’s whereabouts. In September 2020, the Ministry affirmed the MFA’s findings and requested that the head be returned.

1982.396

Creator
Salomon van Ruysdael (Dutch, 1600/1603–1670)
Object Title
View of Beverwijk
Measurements
75.2 x 65.7 cm (29 5/8 x 25 7/8 in.)
Credit Line
Charles H. Bayley Picture and Painting Fund and Henry H. and Zoe Oliver Sherman Fund
Creation Date
1646
Object Type
Object URL
https://collections.mfa.org/objects/34506

Claim Resolution

Resolution
Work restituted to heirs or other representatives
Resolution Date
October 25, 2021
Details of Resolution
The Museum of Fine Arts, Boston (MFA) reached an agreement with the heirs of Ferenc Chorin to return the painting View of Beverwijk by Salomon van Ruysdael, which was looted during World War II.

The painting belonged to the Jewish collector Ferenc Chorin (1879 – 1964) of Budapest, who deposited it along with other works of art at the Hungarian Commercial Bank of Pest in 1943. Chorin and his family were persecuted by National Socialist forces, fled Hungary in 1944, and settled in New York in 1947. At the end of World War II, the bank reported that the contents of Chorin’s deposit had gone missing in January 1945, during the Siege of Budapest. Despite the family’s efforts to locate the contents of the bank vault in the postwar years, they never recovered the Ruysdael. The painting was included in a 1998 publication on Hungarian war losses, but because it was published with an incorrect image and description, the MFA was not aware that the View of Beverwijk had belonged to Chorin or was considered missing.

The Museum acquired the painting in 1982 from a London dealer with no information about its history other than that it had come from a Swiss collection. The work’s provenance between 1945 and 1982 remains untraced.

In 2019, scholar Sándor Juhász notified the MFA that the View of Beverwijk once belonged to Frigyes Glück of Budapest, in whose collection it had been published in 1924. This new information, posted on the MFA’s website, allowed the Chorin heirs to locate their family’s painting—known to have come from the Glück collection—in 2021

2015.3296

Object Title
Seated couple
Measurements
40.6 x 30.4 cm
Creation Date
100 BC - AD 250
Credit Line
Gift of Timothy Phillips in honor of Thomas F. Phillips, Jr.
Culture
Country of Origin
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/625581/seated-couple
Museum's Definition of Antiquity
Before 1550
Provenance Information
1949, sold by a gallery in Nayarit, Mexico, to Adrian Green, Three Rivers, CA [see note]; 1977, sold by Adrian Green to a private collector, Fresno, CA; May 16, 2013, anonymous sale, Sotheby’s, New York, lot 25, unsold; 2014, sold by a private collector to Fort Knox Antiquities, Scottsdale, AZ; 2014, sold by Knox Antiquities to Artemis Gallery, Erie, CO; 2014, sold by Artemis to Timothy Phillips, Boston; 2015, year-end gift of Timothy Phillips to the MFA. (Accession Date: February 26, 2016)

NOTE: According to a signed and notarized statement by Mr. Green supplied to Sotheby’s, New York (April 15, 2013), he acquired the figures in Nayarit in 1949 and brought them to California in 1950.
Exhibition Information
None known.
Publication Information
None known.
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
According to Mr. Green’s statement, the figures were acquired by him in Mexico in 1949 and brought to the U.S. the following year. This is consistent with information on his website, stating that he began collecting Pre-Columbian materials during his trips to Mexico in 1948 and 1949, and continued over the next twenty or so years. There are no inconsistencies in the two accounts, both of which suggest that he acquired this piece before 1970.

2015.3299

Object Title
Pedestal dish
Measurements
14.1 x 28.6 cm
Creation Date
AD 600-800
Credit Line
Gift of Timothy Phillips in honor of Thomas F. Phillips, Jr.
Culture
Country of Origin
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/609299/pedestal-dish
Museum's Definition of Antiquity
Before 1550
Provenance Information
1960s, acquired in Panama by Dr. Edward Howell (b. 1926 – d. 1998), Danville, PA [see note]; by inheritance to his widow, Jacqueline Howell, New Orleans; 2013, sold by Mrs. Howell to M. S. Rau Antiques, New Orleans; 2013, sold by Rau Antiques to Timothy Phillips, Boston; 2015, year-end gift of Timothy Phillips to the MFA. (Accession Date: February 24, 2016)

NOTE: According to a signed and notarized statement from Dr. Howell’s widow (February 18, 2013). Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru. He formed much of his Pre-Columbian collection at that time. Panama, where he is believed to have acquired this piece, was the primary refueling stop between the U.S. and Peru.
Exhibition Information
None known.
Publication Information
None known.
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
According to a signed and notarized affidavit, this was acquired in the 1960s, when Dr. Edward Howell was traveling and building his collection of Pre-Columbian artifacts. Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru.

2015.3297

Object Title
Hunchback effigy jar
Measurements
30.5 x 25.4 cm
Creation Date
AD 1300-1520
Credit Line
Gift of Timothy Phillips in honor of Thomas F. Phillips, Jr.
Culture
Country of Origin
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/609297/hunchback-effigy-jar
Museum's Definition of Antiquity
Before 1550
Provenance Information
1960s, acquired in Panama by Dr. Edward Howell (b. 1926 – d. 1998), Danville, PA [see note]; by inheritance to his widow, Jacqueline Howell, New Orleans; 2013, sold by Mrs. Howell to M. S. Rau Antiques, New Orleans; 2013, sold by Rau Antiques to Timothy Phillips, Boston; 2015, year-end gift of Timothy Phillips to the MFA. (Accession Date: February 24, 2016)

NOTE: According to a signed and notarized statement from Dr. Howell’s widow (February 18, 2013). Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru. He formed much of his Pre-Columbian collection at that time. Panama, where he is believed to have acquired this piece, was the primary refueling stop between the U.S. and Peru.
Exhibition Information
None known.
Publication Information
None known.
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
According to a signed and notarized affidavit, this was acquired in the 1960s, when Dr. Edward Howell was traveling and building his collection of Pre-Columbian artifacts. Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru.

2019.1992

Object Title
Crocodile effigy incense burner
Measurements
52.2 × 31.8 × 31.4 cm
Creation Date
AD 450–550
Credit Line
Gift of Timothy Phillips in honor of Dennis Carr
Culture
Country of Origin
Object Type
Materials / Techniques
Object URL
https://collections.mfa.org/objects/609300/crocodile-effigy-incense-burner
Museum's Definition of Antiquity
Before 1550
Provenance Information
1960s, acquired in Panama by Dr. Edward Howell (b. 1926 – d. 1998), Danville, PA [see note]; by inheritance to his widow, Jacqueline Howell, New Orleans; 2013, sold by Mrs. Howell to M. S. Rau Antiques, New Orleans; 2013, sold by Rau Antiques to Timothy Phillips, Boston; 2019, gift of Timothy Phillips to the MFA. (Accession Date: December 11, 2019)

NOTE: According to a signed and notarized statement from Dr. Howell’s widow (February 18, 2013). Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru. He formed much of his Pre-Columbian collection at that time. Panama, where he is believed to have acquired this piece, was the primary refueling stop between the U.S. and Peru.
Exhibition Information
None known.
Publication Information
None known.
Section of the AAMD Guidelines relied upon for the exception to 1970
Informed judgement that works were outside of the country of modern discovery before 1970
Explain why the object fits the exception set forth above
According to a signed and notarized affidavit, this was acquired in the 1960s, when Dr. Edward Howell was traveling and building his collection of Pre-Columbian artifacts. Dr. Howell served as a flight surgeon in the U.S. Air Force during the early 1960s, at which time he was stationed in Peru.

2019.1991

Object Title
Quadruple duct flute
Measurements
18.5 x 27 x 29 cm
Creation Date
AD 550–950
Credit Line
Gift of Timothy Phillips in honor of Dennis Carr
Culture
Country of Origin
Materials / Techniques
Object URL
https://collections.mfa.org/objects/624629/quadruple-duct-flute
Museum's Definition of Antiquity
Before 1550
Provenance Information
About 1973, sold by Edward S. Merrin Gallery, New York, to Sherman Sackheim (b. 1921 – d. 2001) and Paula S. Sackheim (b. 1930 – d. 1982), Larchmont, NY [see note 1]; passed to their estate [see note 2]; by 2015, sold by the family of Sherman and Paula Sackheim to Anthropos Gallery, Los Angeles; 2015, sold by Anthropos Gallery to Timothy Phillips, Boston; 2019, gift of Timothy Phillips to the MFA. (Accession Date: December 11, 2019)

NOTES:
[1] Undated shorthand notes on Merrin Gallery letterhead, provided by the Sackheims, describe the flute and give a sale price. A teller’s check shows that payment was made for this object, at least in part, in 1973. [2] The estate of Paula S. Sackheim first lent the flute to EPCOT Center in 1984; it remained on loan there until about 2008.
Exhibition Information
EPCOT Center, Florida, beginning in 1984 and continuing until around 2008.
Publication Information
None known.
Section of the AAMD Guidelines relied upon for the exception to 1970
Cumulative facts and circumstances
Explain why the object fits the exception set forth above
It is reasonable to infer that this flute was on the market by 1972, since at least partial payment was made for it in the following year, and that it was therefore outside of Mexico by the date of that country’s 1972 Federal Act on Monuments and Archaeological, Artistic and Historic Zones.

The gift was initially accepted with the belief that it was sold to the Sackheims around 1969 – 1971, and only later was the 1973 sale date discovered.

The flute has been exhibited publicly for years.
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