Thomas Cole painting and the Seward House Museum

[Linda Anderson]

(04-12-2022 06:31 AM)Gene C Wrote:  What is the connection of the Fred Emerson Foundation, the previous owner of the painting, to the Seward House Museum?

Gene, the following is from the Seward House Museum website.

"In 1951 William Henry Seward III bequeathed the family home in Auburn, NY to the Fred L. Emerson Foundation to serve as living memorial to his famous father and grandfather. After a few years of careful preparation, the Seward House opened to the public in 1955, was designated a National Historic Landmark in 1964, and now displays one of the most original collections of any historic home in America. In 2008 the museum established itself as its own independent 501-C3 not for profit museum."

https://sewardhouse.org/about/mission-and-history

Included in the 1951 bequest of William H. Seward III, who was Secretary Seward's grandson, was the Thomas Cole painting "Portage Falls on the Genesee."

However, "With the approval of Surrogate's Court by decree, the Emerson Foundation transferred ownership of the realty and its contents, with the exception of the painting, to the Seward House Museum (museum) in 2008.   The Emerson Foundation retained ownership of the painting, which was displayed at the museum."

Supreme Court, Appellate Division, Fourth Department, New York.
RAY S. MESSENGER, PETITIONER–RESPONDENT; FRED L. EMERSON FOUNDATION, INC., APPELLANT.

CA 13–01858
Decided: June 13, 2014

"It is hereby ORDERED that the decree so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed without prejudice in accordance with the following Memorandum:  William H. Seward, III (decedent) is the grandson of William H. Seward, a former governor of the State of New York and the United States Secretary of State during the Civil War. Decedent devised to appellant, Fred L. Emerson Foundation, Inc. (Emerson Foundation), the Seward family home in Auburn, and also bequeathed such of its contents that decedent's wife chose not to keep.   Included in the bequest was a painting by Thomas Cole entitled “Portage Falls on the Genesee,” which was presented to William H. Seward when he was governor of the State of New York. Decedent's estate was closed in 1955.   With the approval of Surrogate's Court by decree, the Emerson Foundation transferred ownership of the realty and its contents, with the exception of the painting, to the Seward House Museum (museum) in 2008.   The Emerson Foundation retained ownership of the painting, which was displayed at the museum.   The decree provides that the “painting will not be transferred to any person or entity other than [the museum] without first obtaining leave of the court.”   In 2013, the Emerson Foundation's board of directors and the museum's board of directors determined that it was not practical or prudent to keep the valuable artwork in the museum, whereupon the painting was removed from the museum to an undisclosed location and a reproduction was commissioned.   This proceeding followed."

https://caselaw.findlaw.com/ny-supreme-c...69785.html