Portrait of Wally
Encyclopedia
Portrait of Wally is a 1912 oil painting by Austria
n painter Egon Schiele
of Valerie "Wally" Neuzil, a woman he met in 1911 when she was 17 years old and who was a model for a number of Schiele's most striking paintings. The painting was purchased by Rudolf Leopold
in 1954 and became part of the collection of the Leopold Museum
when it was established by the Austrian government, purchasing 5,000 pieces that Leopold had owned. After a 1997-1998 exhibit of Schiele's work at the Museum of Modern Art
in New York City
, the painting was seized by order of the New York County District Attorney
and had been tied up in litigation since then by heirs of its former owner who claimed that the painting was Nazi plunder
and should have been returned to them.
In July 2010, the Leopold Museum agreed to pay $19 million to Bondi's heirs under an agreement that would address all outstanding claims on the painting.
and the Aryanization
program, and had under duress given up the painting to art dealer Friedrich Welz in 1939. While Bondi's art gallery had already been "Aryanized
", Welz had seen the painting in Bondi's apartment, where it was part of her private collection, and demanded that she turn it over to him. As they were to be fleeing the country any day, her husband convinced her to turn the painting over to Welz, saying "you know what he can do". Welz also forced Dr. Heinrich Rieger to sell his collection of Schiele paintings, before Rieger was deported to the Theresienstadt concentration camp
, where he died.
, the United States Army
seized Welz and recovered the paintings that he had accumulated during the war. The Portrait of Wally was mixed in with the other Schiele paintings from Rieger's collection, which were all turned over to the Austrian government. The Österreichische Galerie Belvedere
(Austrian National Gallery) purchased the Schiele works from Rieger's heirs, which erroneously included the Portrait of Wally because of a clerical error by the U.S. forces, listing the painting as Rieger's. The museum was informed of the mistake, that the painting had not belonged to Rieger. After Bondi recovered ownership of her Vienna art gallery in 1946, she contacted Welz, who told her the painting had been turned over to the Austrian National Gallery. Bondi recounted that she had met Rudolph Leopold in London in 1953 and asked for his assistance in retrieving the painting from the museum, offering to help him acquire other works by Schiele. Bondi later discovered that Leopold had purchased the painting from the museum for himself in 1954. Leopold's 1972 catalogue raisonné
of Schiele's works omits Lea Bondi from the list of provenance
, despite an earlier catalogue by Otto Kallir citing her as the last owner in the 1930s. Bondi died in 1969 and her heirs picked up the trail she had been following.
In 1994, Portrait of Wally was among 5,400 works in Leopold's art collection purchased for $500 million by the Austrian government and used to create the Leopold Museum
, with Leopold named as director for life, a position he served in until his death in June 2010. In a 1995 catalogue of works by Schiele, Leopold inserted the claim that the picture had been part of the Rieger collection that he had earlier acquired from the Austrian National Gallery. The Leopold Museum included the painting in a group of works exhibited from October 8, 1997, to January 4, 1998, at the Museum of Modern Art
.
subpoenaed the Portrait of Wally together with another Schiele painting in January 1998, claiming that they had been improperly acquired Nazi loot. In September 1999, the New York Court of Appeals
rejected Morgenthau's claim that he could seize the paintings under state law, whereupon the United States Customs Service
seized the paintings under federal law.
In legal proceedings, the museum stated that Bondi had decided to drop the matter in 1954 and that there is no evidence to show that Leopold knew that the painting had been Nazi plunder when he acquired it. The heirs of the Bondi family maintained that Bondi had made multiple efforts to recover the painting, which were continued after her death.
In October 2009, after more than a decade of proceedings and legal wrangling, United States District Court for the Southern District of New York
Judge Loretta A. Preska
ruled that there was enough evidence regarding the ownership of the painting to allow a trial to proceed, saying that the Leopold Museum was aware of the painting's questionable provenance
when it sent the picture to the Museum of Modern Art 12 years earlier. At trial, a jury would determine if there was sufficient evidence to show that Leopold had known the painting was stolen when it was brought for exhibit to the United States.
In early July 2010, sources indicated to The Art Newspaper
that the Bondi estate would accept $20 million as restitution for the painting in a deal completed shortly before Leopold's death the previous month, weeks before a civil trial was scheduled to start in United States District Court
. Under the terms of the deal, the painting would be returned to the Leopold Museum, where it would be hung together with a Schiele self-portrait that has been used as a logo for the museum. By July 21, 2010 the Leopold Museum and the Bondi estate agreed upon a settlement of $19 million.
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
n painter Egon Schiele
Egon Schiele
Egon Schiele was an Austrian painter. A protégé of Gustav Klimt, Schiele was a major figurative painter of the early 20th century. His work is noted for its intensity, and the many self-portraits the artist produced...
of Valerie "Wally" Neuzil, a woman he met in 1911 when she was 17 years old and who was a model for a number of Schiele's most striking paintings. The painting was purchased by Rudolf Leopold
Rudolf Leopold
Rudolf Leopold was an Austrian art collector, whose collection of 5,000 works of art was purchased by the Government of Austria and used to create the Leopold Museum, of which he was made director for life...
in 1954 and became part of the collection of the Leopold Museum
Leopold Museum
The Leopold Museum, housed in the Museumsquartier in Vienna, Austria, is home to one of the largest collections of modern Austrian art, featuring artists such as Egon Schiele, Gustav Klimt, Oskar Kokoschka and Richard Gerstl....
when it was established by the Austrian government, purchasing 5,000 pieces that Leopold had owned. After a 1997-1998 exhibit of Schiele's work at the Museum of Modern Art
Museum of Modern Art
The Museum of Modern Art is an art museum in Midtown Manhattan in New York City, on 53rd Street, between Fifth and Sixth Avenues. It has been important in developing and collecting modernist art, and is often identified as the most influential museum of modern art in the world...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, the painting was seized by order of the New York County District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
and had been tied up in litigation since then by heirs of its former owner who claimed that the painting was Nazi plunder
Nazi plunder
Nazi plunder refers to art theft and other items stolen as a result of the organized looting of European countries during the time of the Third Reich by agents acting on behalf of the ruling Nazi Party of Germany. Plundering occurred from 1933 until the end of World War II, particularly by military...
and should have been returned to them.
In July 2010, the Leopold Museum agreed to pay $19 million to Bondi's heirs under an agreement that would address all outstanding claims on the painting.
Early ownership and Nazi seizure
The painting had been owned by Lea Bondi Jaray, who was fleeing the German annexation of AustriaAnschluss
The Anschluss , also known as the ', was the occupation and annexation of Austria into Nazi Germany in 1938....
and the Aryanization
Aryanization
Aryanization is a term coined during Nazism referring to the forced expulsion of so-called "non-Aryans", mainly Jews, from business life in Nazi Germany and the territories it controlled....
program, and had under duress given up the painting to art dealer Friedrich Welz in 1939. While Bondi's art gallery had already been "Aryanized
Aryanization
Aryanization is a term coined during Nazism referring to the forced expulsion of so-called "non-Aryans", mainly Jews, from business life in Nazi Germany and the territories it controlled....
", Welz had seen the painting in Bondi's apartment, where it was part of her private collection, and demanded that she turn it over to him. As they were to be fleeing the country any day, her husband convinced her to turn the painting over to Welz, saying "you know what he can do". Welz also forced Dr. Heinrich Rieger to sell his collection of Schiele paintings, before Rieger was deported to the Theresienstadt concentration camp
Theresienstadt concentration camp
Theresienstadt concentration camp was a Nazi German ghetto during World War II. It was established by the Gestapo in the fortress and garrison city of Terezín , located in what is now the Czech Republic.-History:The fortress of Terezín was constructed between the years 1780 and 1790 by the orders...
, where he died.
Efforts at recovery
After the end of World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
seized Welz and recovered the paintings that he had accumulated during the war. The Portrait of Wally was mixed in with the other Schiele paintings from Rieger's collection, which were all turned over to the Austrian government. The Österreichische Galerie Belvedere
Österreichische Galerie Belvedere
The Österreichische Galerie Belvedere is a museum housed in the Belvedere palace, in Vienna, Austria.The art collection includes masterpieces from the Middle Ages and Baroque until the 21st century, though it focuses on Austrian painters from the Fin de Siècle and Art Nouveau period...
(Austrian National Gallery) purchased the Schiele works from Rieger's heirs, which erroneously included the Portrait of Wally because of a clerical error by the U.S. forces, listing the painting as Rieger's. The museum was informed of the mistake, that the painting had not belonged to Rieger. After Bondi recovered ownership of her Vienna art gallery in 1946, she contacted Welz, who told her the painting had been turned over to the Austrian National Gallery. Bondi recounted that she had met Rudolph Leopold in London in 1953 and asked for his assistance in retrieving the painting from the museum, offering to help him acquire other works by Schiele. Bondi later discovered that Leopold had purchased the painting from the museum for himself in 1954. Leopold's 1972 catalogue raisonné
Catalogue raisonné
The typical catalogue raisonné is a monograph giving a comprehensive catalogue of artworks by an artist.The essential elements of a catalogue raisonné are that it purports to be an exhaustive list of works for a defined subject matter describing the works in a way so that they may be reliably...
of Schiele's works omits Lea Bondi from the list of provenance
Provenance
Provenance, from the French provenir, "to come from", refers to the chronology of the ownership or location of an historical object. The term was originally mostly used for works of art, but is now used in similar senses in a wide range of fields, including science and computing...
, despite an earlier catalogue by Otto Kallir citing her as the last owner in the 1930s. Bondi died in 1969 and her heirs picked up the trail she had been following.
In 1994, Portrait of Wally was among 5,400 works in Leopold's art collection purchased for $500 million by the Austrian government and used to create the Leopold Museum
Leopold Museum
The Leopold Museum, housed in the Museumsquartier in Vienna, Austria, is home to one of the largest collections of modern Austrian art, featuring artists such as Egon Schiele, Gustav Klimt, Oskar Kokoschka and Richard Gerstl....
, with Leopold named as director for life, a position he served in until his death in June 2010. In a 1995 catalogue of works by Schiele, Leopold inserted the claim that the picture had been part of the Rieger collection that he had earlier acquired from the Austrian National Gallery. The Leopold Museum included the painting in a group of works exhibited from October 8, 1997, to January 4, 1998, at the Museum of Modern Art
Museum of Modern Art
The Museum of Modern Art is an art museum in Midtown Manhattan in New York City, on 53rd Street, between Fifth and Sixth Avenues. It has been important in developing and collecting modernist art, and is often identified as the most influential museum of modern art in the world...
.
Legal proceedings
New York County District Attorney Robert M. MorgenthauRobert M. Morgenthau
Robert Morris Morgenthau is an American lawyer. From 1975 until his retirement in 2009, he was the District Attorney for New York County, the borough of Manhattan.-Early life:...
subpoenaed the Portrait of Wally together with another Schiele painting in January 1998, claiming that they had been improperly acquired Nazi loot. In September 1999, the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
rejected Morgenthau's claim that he could seize the paintings under state law, whereupon the United States Customs Service
United States Customs Service
Until March 2003, the United States Customs Service was an agency of the U.S. federal government that collected import tariffs and performed other selected border security duties.Before it was rolled into form part of the U.S...
seized the paintings under federal law.
In legal proceedings, the museum stated that Bondi had decided to drop the matter in 1954 and that there is no evidence to show that Leopold knew that the painting had been Nazi plunder when he acquired it. The heirs of the Bondi family maintained that Bondi had made multiple efforts to recover the painting, which were continued after her death.
In October 2009, after more than a decade of proceedings and legal wrangling, United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
Judge Loretta A. Preska
Loretta A. Preska
Loretta A. Preska is the Chief Judge of the United States District Court for the Southern District of New York and a former nominee to the U.S. Court of Appeals for the Second Circuit.-Background:...
ruled that there was enough evidence regarding the ownership of the painting to allow a trial to proceed, saying that the Leopold Museum was aware of the painting's questionable provenance
Provenance
Provenance, from the French provenir, "to come from", refers to the chronology of the ownership or location of an historical object. The term was originally mostly used for works of art, but is now used in similar senses in a wide range of fields, including science and computing...
when it sent the picture to the Museum of Modern Art 12 years earlier. At trial, a jury would determine if there was sufficient evidence to show that Leopold had known the painting was stolen when it was brought for exhibit to the United States.
In early July 2010, sources indicated to The Art Newspaper
The Art Newspaper
The Art Newspaper is a monthly newspaper about the visual arts based in London.It is published in a newspaper, rather than a magazine, format...
that the Bondi estate would accept $20 million as restitution for the painting in a deal completed shortly before Leopold's death the previous month, weeks before a civil trial was scheduled to start in United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
. Under the terms of the deal, the painting would be returned to the Leopold Museum, where it would be hung together with a Schiele self-portrait that has been used as a logo for the museum. By July 21, 2010 the Leopold Museum and the Bondi estate agreed upon a settlement of $19 million.
External links
- Schiele's Portrait of Wally -- a Long Court Case, Commission for Art Recovery, affiliated with the World Jewish CongressWorld Jewish CongressThe World Jewish Congress was founded in Geneva, Switzerland, in August 1936 as an international federation of Jewish communities and organizations...
- Portrait of Wally, National Public Radio interview with David D'Arcy, August 31, 2000.