Jewish heirs seek to halt $180m Van Gogh sale at Sotheby's over Nazi duress claim

Heirs ask Sotheby's to withdraw the painting

The heirs of Samuel Fischer, a Jewish publisher from Berlin, have asked Sotheby's to withdraw Vincent van Gogh's 'Châtaigniers en Fleurs' (Blossoming Chestnut Trees) from a sale set for Wednesday, 18 November, in Manhattan. Fischer bought the 1890 painting in 1909, according to AGI. The heirs say the family sold it in 1936 under pressure from the financial losses that Nazi persecution inflicted on its publishing business. The auction house estimates the work at $180 million, the highest estimate of the autumn season and above any price ever paid at auction for a Van Gogh, and Sotheby's has backed the lot with a financial guarantee.

The heirs live in the United States, and one of them is a great-grandson of the publisher, AGI reported. The challenge came only days before the sale, and it puts a painting at the centre of the autumn auctions in doubt.

A lawyer sets two conditions

Gunnar Schnabel, the heirs' lawyer in Berlin, wrote to Marco Toracca, head of Sotheby's restitution department, on 12 November. He wants Sotheby's to prove beyond doubt that the 1936 sale took place at market value and that the family would have parted with the painting even without Nazi rule. His email warns that without those answers the auction should not be held.

“Otherwise, no auction may take place.”

Schnabel also wrote that his client is ready to pursue a fair and just settlement in the spirit of the 1998 Washington Principles. Those guidelines were adopted by 44 governments to steer museums and states in handling works confiscated or taken during the Nazi era. The heirs' demands are therefore framed as a negotiation rather than only a refusal of the sale.

Sotheby's replies

Sotheby's said it is aware of concerns raised by the heirs' representatives and has opened a dialogue with them about the painting's history. Its research so far has not shown that the work was sold under duress. The house said it is committed to working toward a mutually satisfactory resolution with the family, and it describes the exchange as thoughtful and constructive. The sale remains on the calendar for 18 November, and no source reports a decision on the heirs' demand.

Collection and price

The painting belongs to the Blaquier-Arrieta collection, assembled by Carlos Pedro Blaquier and Nelly Arrieta de Blaquier of Buenos Aires, who began collecting Impressionist and modern art in the 1960s. Philip Hook, a former Sotheby's executive and author, described the collection in the auction house's announcement of the sale. The lot is the most valuable of the autumn season, and with auction fees the total would exceed $200 million, AGI reported.