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Helen Frankenthaler Foundation rejects ‘frivolous’ lawsuit from artist’s nephew

November 13, 2023
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An official assertion from the board of administrators of the Helen Frankenthaler Basis in response to a lawsuit filed by the late artist’s nephew, Frederick Iseman, has known as allegations remodeled “mismanagement and self-enrichment” by the inspiration’s management “baseless and with out advantage”.

The lawsuit was filed at New York State’s Supreme Court docket on 8 November, and accuses the inspiration, which manages the property of post-war American artist Helen Frankenthaler (who died in 2011, of “participating in a form of ‘grabstract expressionism’ that’s successfully destroying Frankenthaler’s legacy”.

Iseman seeks to regain his spot on the inspiration’s board, after being requested to depart earlier this yr by present board members—the artist’s stepdaughter Lise Motherwell, Michael Hecht and Clifford Ross (Iseman’s cousin). He alleges the board are planning to “disband and dump” the inspiration’s assortment—together with works by Frankenthaler, items by different artists and investments—famous as being value “practically $1bn” in complete, which represents and spans the artist’s six-decade lengthy profession.

“As president of the Helen Frankenthaler Basis’s board of administrators, Mr. Iseman was actively concerned in and accepted all main selections made by the board. Over time, and as lately as Might 2023, he accepted the re-election of every of three board members, whom he’s now suing,” the board director’s assertion says. “It’s unlucky that because of Mr. Iseman’s failure to win re-election to the board, he has resorted to spurious claims in a frivolous litigation.”

Lack of readability or conflicting pursuits?

The fallout recollects earlier difficult conditions between relations and foundations, or entities, tasked with managing an artist’s legacy. The prolonged and bitter Nineteen Seventies case between the daughter of Mark Rothko (Kate Rothko) and the executors of his property (along side Marlborough Gallery) finally noticed a physique of artwork works returned to the household, a considerable fantastic and the restructuring of the (now-closed) basis.

A 2014 case between descendants of Peggy Guggenheim and the New York basis constructed to handle her property, additionally noticed battle escape over claims the artwork assortment had been mishandled.

In instances regarding foundations and relations, arguments can hinge across the element (or lack thereof) inside the governance paperwork or any prior delineation of the artist’s intentions, underpinning the legacy administration. Throughout the Guggenheim case, there was disagreement as to the extent of element left concerning the future administration of the gathering and the newest Frankenthaler lawsuit equally considerations itself with whether or not the inspiration’s actions contravene the late artist’s express needs.

“You would favor the Basis proceed to be self-perpetuating: the Administrators, nonetheless, have discretion to liquidate (hopefully not) and/or make different preparations for the passable disposition of your works and the works of others and terminate the Basis (hopefully not),” learn the courtroom paperwork, allegedly citing the artist’s private lawyer’s outling of her intent.

“Even in situations the place an artist’s needs are expressed, balancing the idea of relations and entities charged with managing a legacy, will be difficult in a fast-moving artwork market and sophisticated institutional panorama,” notes Caroline Sayan, chief govt of Cadell + Co advisory, which has labored with quite a few foundations.

Whereas most such disputes find yourself being performed out in civil courtroom, issues can escalate and contain prison accusations. Earlier this yr, greater than 100 works by the late Op-artist Victor Vasarely have been seized from the Michèle Vasarely Basis by police in Puerto Rico as French authorities and the FBI labored to unpick a household feud over the late artist’s legacy.

Authorized representatives of Iseman declined to touch upon the case.



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Tags: ArtistsFoundationFrankenthalerfrivolousHelenLawsuitnephewrejects
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