Adam’ and ‘Eve’ paintings’ recent history

Lucas Cranach the Elder’s “Adam” and “Eve” paintings from 1530 have been the center of a legal dispute between Marei von Saher, heir to a a Dutch Jewish art dealer who was forced to give them up during the Holocaust, and the Norton Simon Museum, whose founder and namesake purchased the paintings in 1971.

Understanding the legal issues surrounding “Adam” and “Eve” requires some sense of the paintings’ path through the 20th century.

Soviet authorities seize the paintings

Lucas Cranach the Elder's "Adam" and "Eve."
Lucas Cranach the Elder's "Adam" and "Eve." (Norton Simon Art Foundation)

During the 1920s, Soviet authorities seize “Adam” and “Eve” — it’s disputed whether they were in the collection of the Stroganoffs, a family of Russian aristocrats, or a church in Kiev, now the capital of Ukraine.

Stalin regime auctions art

Soviet leader Josef Stalin.
Soviet leader Josef Stalin. (AP Photo)

In 1931, Stalin’s regime includes “Adam” and “Eve” in a big auction in Berlin aimed at replenishing the Soviet treasury. The auction is billed as a sale of the “Stroganoff Collection,” and the high bidder is Jacques Goudstikker.

Nazis invade Holland

When the Nazis invade Holland in 1940, Goudstikker flees with his family, leaving his collection behind. (He died in an accidental fall aboard the ship carrying the family to America.) Nazi accomplices send Goudstikker’s art trove to Berlin for the enjoyment of Hermann Goering, one of Hitler’s leading henchmen.

External restitution’

American soldiers looking at Edouard Manet's "In the Wintergarden," a painting German Nazis had stored in a Thuringian mine.
American soldiers looking at Edouard Manet's "In the Wintergarden," a painting German Nazis had stored in a Thuringian mine. (National Archives / AP Photo)

Under a U.S. policy called “external restitution,” Allied forces send Nazi-looted art back to the countries from which it had been removed. It was left to postwar governments to determine the rightful owners. “Adam” and “Eve” are sent back to the Netherlands by the the U.S. art-rescue forces known as the Monuments Men.

George Stroganoff-Scherbatoff

In 1966, after Goudstikker’s widow was unable to wrest “Adam” and “Eve” from the Dutch government, it sells the paintings to George Stroganoff-Scherbatoff, heir of the aristocratic Russian family. He claims his family owned the paintings before the Soviets expropriated them.

Norton Simon purchase

Industrialist and art collector Norton Simon in 1971.
Industrialist and art collector Norton Simon in 1971. (George Brich / AP Photo)

Adam” and “Eve” make their way to Southern California in 1971 when museum founder Norton Simon buys the paintings from Stroganoff-Scherbatoff. A 2006 appraisal valued them at $24 million.

Von Saher approaches Norton Simon

Marei von Saher, the wife of Jacques Goudstikker’s son, approaches the Norton Simon Museum in 2000 about ownership of the paintings.

Von Saher lawsuit

After years of unsuccessful talks with the Norton Simon, Von Saher sues in Los Angeles federal court. The judge rules that the statute of limitations has run out and dismisses her case. Meanwhile, state legislators and Gov. Arnold Schwarzenegger push through a more generous statute of limitations for claims to recover artworks owned by California museums or galleries. Von Saher gets a second chance.

Von Saher case dismissed

In 2011, Von Saher files an amended lawsuit in federal court, but it’s again dismissed. She appeals.

Ninth Circuit

Lucas Cranach the Elder's "Adam" and "Eve."
Lucas Cranach the Elder's "Adam" and "Eve." (Norton Simon Art Foundation)

In June 2014 the 9th U.S. Circuit Court of Appeals rules 2 to 1 to reverse U.S. District Judge John Walter’s dismissal of Von Saher’s suit. The Norton Simon Museum says its next step will be to ask a larger 11-judge appeals court panel to review the decision.

Credits: Produced by Tracy Brown