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.

Provenance Information

Between the 1940s and 1960s, acquired in Mexico by a private collector (d. 1969), Houston, TX; by descent to his granddaughter, Tucson, AZ; 2003, sold by his granddaughter to Anthropos Gallery, Los Angeles; 2014, sold by Anthropos to Timothy Phillips, Boston; 2019, gift of Timothy Phillips to the MFA. (Accession Date: December 11, 2019)

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 information provided directly by the previous owner to the MFA, the acrobatic figure was in the possession of her family from sometime between the 1940s and 1960s until 2003. Because her grandfather passed away in 1969, we have every indication that it was out of its country of origin since before 1970.

Provenance Information

Between the 1940s and 1960s, acquired in Mexico by a private collector (d. 1969), Houston, TX; by descent to his granddaughter, Tucson, AZ; 2003, sold by his granddaughter to Anthropos Gallery, Los Angeles; 2014, sold by Anthropos to Timothy Phillips, Boston; 2019, gift of Timothy Phillips to the MFA. (Accession Date: December 11, 2019)

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 information provided directly by the previous owner to the MFA, the Colima dog was in the possession of her family from sometime between the 1940s and 1960s until 2003. Because her grandfather passed away in 1969, we have every indication that it was out of its country of origin since before 1970.

Provenance Information

Justin Kerr, to 2018; Yale University Art Gallery, New Haven, Conn.

Exhibition Information

N/A

Publication Information

"Acquisitions July 1, 2017–June 30, 2018," https://artgallery.yale.edu/sites/default/files/files/bulletin/Pub-Bull-acquisitions-2018.pdf (accessed December 1, 2018).

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

Conversations with Justin Kerr, June 2019 regarding the provenance of pieces, when he and first wife started collection in Jalisco in the 1950s-1960s

Provenance Information

Fine Arts of Ancient Lands, New York in 1990s; Peter David Joralemon, to 2015; Yale University Art Gallery, New Haven, Conn.

Exhibition Information

N/A

Publication Information

"LACMA Collections," http://collections.lacma.org (accessed 2015).

"Acquisitions 2015," http://artgallery.yale.edu/sites/default/files/files/Pub_Bull_acquisitions_2015_updated%2012_16_15.pdf (accessed December 1, 2015)."

Section of the AAMD Guidelines relied upon for the exception to 1970

Gift or bequest expected or on loan prior to 2008

Explain why the object fits the exception set forth above

According to vendor, was in the country in the 1990s

Provenance Information

From personal communication: Mr. Larry Kent bought the piece in the 80s from Lore R. Grove. Ms. Grove acquired the piece in Mexico City circa 1970s. No additional provenance information is reportedly available from Mr. Kent.

Exhibition Information

N/A

Publication Information

N/A

Section of the AAMD Guidelines relied upon for the exception to 1970

N/D

Explain why the object fits the exception set forth above

According to LACMA and AAMD guidelines, if the provenance of a proposed acquisition does not clearly indicate that the antiquity in question was outside its country of origin prior to 1970, the museum may determine to proceed with the acquisition based on an analysis of the benefits and risks, and in accordance with AAMD’s guidelines for the publication of the object and the provenance information known about it, with an explanation of the basis for the museum’s decision. Generally, LACMA believes that, absent evidence of looting or illegal export of any antiquities, but given incomplete provenance establishing that the objects were outside their source countries prior to 1970 and prior to any applicable foreign patrimony laws, it is in LACMA’s and the public interest to accept such objects for the purpose of bringing them into the public domain, caring for them and publishing them, both for scholarly purposes and for the purpose of providing notice to any party, including source countries, that may have a claim or information relating to the provenance of the objects.

Provenance Information

From personal communication: Mr. Larry Kent bought the piece in the 80s from Lore R. Grove. Ms. Grove acquired the piece circa 1970s. No additional provenance information is reportedly available from Mr. Kent.

Exhibition Information

N/A

Publication Information

N/A

Section of the AAMD Guidelines relied upon for the exception to 1970

N/D

Explain why the object fits the exception set forth above

According to LACMA and AAMD guidelines, if the provenance of a proposed acquisition does not clearly indicate that the antiquity in question was outside its country of origin prior to 1970, the museum may determine to proceed with the acquisition based on an analysis of the benefits and risks, and in accordance with AAMD’s guidelines for the publication of the object and the provenance information known about it, with an explanation of the basis for the museum’s decision. Generally, LACMA believes that, absent evidence of looting or illegal export of any antiquities, but given incomplete provenance establishing that the objects were outside their source countries prior to 1970 and prior to any applicable foreign patrimony laws, it is in LACMA’s and the public interest to accept such objects for the purpose of bringing them into the public domain, caring for them and publishing them, both for scholarly purposes and for the purpose of providing notice to any party, including source countries, that may have a claim or information relating to the provenance of the objects.

Provenance Information

Billy Pearson, Los Angeles; [Stendahl Galleries, Los Angeles]; [Lacy Gallery, Los Angeles]; [Ancient Art of the New World, Inc., New York]; Joanne and Andrall Pearson collection, New York, 2002–2018

Exhibition Information

2004 Heritage of Power: Ancient Sculpture from West Mexico. The Andrall E. Pearson Family Collection. The Metropolitan Museum of Art, New York.

Publication Information

Butterwick, Kristi. Heritage of Power: Ancient Sculpture From West Mexico: The Andrall E. Pearson Family Collection. New York, New Haven, London: The Metropolitan Museum of Art, 2004, no. 38, pp. 85–86.

Section of the AAMD Guidelines relied upon for the exception to 1970

Gift or bequest expected or on loan prior to 2008

Explain why the object fits the exception set forth above

This work was offered and accepted as a promised gift to The Metropolitan Museum of Art in 2004, when it was exhibited and published as part of the The Andrall E. Pearson Family Collection. This work is one of three offered together by the Pearson family in an unprecedented opportunity to obtain three striking West Mexican sculptures likely by the same artist or workshop, perhaps portraying members of the same family or lineage.

Provenance Information

[The Merrin Gallery, New York]; Joanne and Andrall Pearson collection, New York, 2003–2018

Exhibition Information

2004 Heritage of Power: Ancient Sculpture from West Mexico. The Andrall E. Pearson Family Collection. The Metropolitan Museum of Art, New York.

Publication Information

Butterwick, Kristi, 2004 Heritage of Power: Ancient Sculpture from West Mexico. The Andrall E. Pearson Family Collection. The Metropolitan Museum of Art, New York, no. 39, illus. pp. 86 & 87.

Section of the AAMD Guidelines relied upon for the exception to 1970

Gift or bequest expected or on loan prior to 2008

Explain why the object fits the exception set forth above

This work was offered and accepted as a promised gift to The Metropolitan Museum of Art in 2004, when it was exhibited and published as part of the The Andrall E. Pearson Family Collection. This work is one of three offered together by the Pearson family in an unprecedented opportunity to obtain three striking West Mexican sculptures likely by the same artist or workshop, perhaps portraying members of the same family or lineage.

Provenance Information

Acquired in Teotihuacan, Mexico, by Justin and Barbara Kerr in the late 1960s; collection of Justin Kerr, New York, 1960s–2018; gift from Dicey Taylor and Justin Kerr to The Metropolitan Museum of Art, 2018

Exhibition Information

On loan to, and on display at, The Metropolitan Museum of Art, New York, since 1993

Publication Information

None.

Section of the AAMD Guidelines relied upon for the exception to 1970

Gift or bequest expected or on loan prior to 2008

Explain why the object fits the exception set forth above

This work was purchased by Justin Kerr in Mexico in the 1960s. The work was offered as a loan from Justin Kerr to the Metropolitan Museum of Art in 1993. It has been on display since that time.