Nazi oppression could not have motivated Grandma Mauthner in 1929. Even your suggestion that her assistance to her nephew was motivated by "German oppression" gets into dicey legal reasoning. Are you saying that all monies spent to leave Germany -- even if it amounts to enormous proceeds from the legal and voluntary sale of an expensive painting allowing the beneficiary to live a life of luxury -- are reimbursable under the 1998 law? You might have a case if it can be proven the sale was made after Hitler became Chancellor. Not before.
I havent the faintest idea. The information isnt there. Taylor contends that, based on her provenance from Sothebys, the painting passed legally through three post Mauthner hands, the last in 1933, and that it was never illegally seized. What happened to it from 1933 to 1963 is unclear. The Orkins attorney contends that Mauthner owned the painting through the 1930s (fled Germany in 1939) , based on catalogs of van Goghs work in 1928 and 1939, and was still listed as owner in 1970, obviously a mistake. I dont know what you base a 1929 sale.
Nazi oppression could not have motivated Grandma Mauthner in 1929. Even your suggestion that her assistance to her nephew was motivated by "German oppression" gets into dicey legal reasoning. Are you saying that all monies spent to leave Germany -- even if it amounts to enormous proceeds from the legal and voluntary sale of an expensive painting allowing the beneficiary to live a life of luxury -- are reimbursable under the 1998 law? You might have a case if it can be proven the sale was made after Hitler became Chancellor. Not before.
Nazi oppression wouldnt have forced a sale in 1929, unlike 1933 Jews could legally be art dealers then. Of course other than your speculation, theres noting to indicate a sale in 1929. I didnt suggest a forced sale to benefit her nephew, documentation from the German gallery did. Yes, the courts have held that sales in the 1930s, mostly post 32, were consummated under extreme duress and invalid, not legal and not voluntary. Most of the art world is OK with that assessment. As to her heirs living a life of luxury, Ive no idea what sort of life they lived, though Im glad they got out.