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Fisk U. Should Keep Art Collection, Judge Rules
Posted on 03-08-2008
klg14
Hawthorne, CA
The Chronicle of Higher Education
Friday, March 7, 2008 Fisk Violated Donor's Terms but Should Keep Art Collection, Judge Rules HURLEY GOODALL Chronicle of Higher Education A Tennessee judge has ruled that Fisk University should not forfeit possession of a valuable collection of American and European art that it received from the artist Georgia O'Keeffe nearly 60 years ago, even though it did breach the conditions under which the art was given. The ****, issued on Thursday by Chancellor Ellen Hobbs Lyle of the Davidson County Chancery Court, is the latest in a years-long legal dispute in which the financially struggling university has attempted to sell parts of the 101-piece collection, which is worth millions of dollars, in order to remain solvent. The case is one of several in which financially strapped colleges have tried to sell donated art, but run into opposition from alumni or groups representing the original donors (The Chronicle, June 1, 2007). In Fisk's case, the Georgia O'Keeffe Museum, a Santa Fe, N.M., institution that represents Ms. O'Keeffe's estate, has repeatedly sought to block the university's efforts to sell pieces from or a share of ownership in the collection. The museum contends that the artist gave the 101-piece collection from the estate of her husband, the photographer Alfred Stieglitz, under a number of conditions, including that the collection remain intact and that the art should be on public display. Fisk has had the works in storage for about two years while seeking funds to upgrade security and fire protection of the gallery where the collection was displayed. The university has previously sought to sell two of the paintings, including one by Ms. O'Keeffe, and last fall reached an agreement to sell a 50-percent share of ownership in the collection to the planned Crystal Bridges Museum of American Art, in Bentonville, Ark., for $30-million (The Chronicle, September 26, 2007). Judge Lyle ruled against Fisk's attempts to sell the two paintings in 2007 (The Chronicle, June 15, 2007), and last month she denied its bid to share the art with the Arkansas museum, which is scheduled to open in 2010 (The Chronicle, February 9). Thursday's **** followed a three-day trial, which ended February 21, of a lawsuit in which the Georgia O'Keeffe Museum contended that it should be granted custody of the entire collection because Fisk had violated the terms of the donation. The judge agreed that the deal with the Crystal Bridges Museum violated the terms of the gift, but she also ruled that the university should still be allowed to keep the collection, as long as it removed the artwork from storage and returned it to display. "While the trial established that Fisk breached the conditions of the gift by declaring that it could not care for and display the collection, that declaration, the proof established, was due to Fisk's deteriorating financial condition," Judge Lyle wrote. "There was no proof of physical damage or lack of maintenance of the collection." Fisk's president, Hazel R. O'Leary, testified during the trial that the university had obtained enough grant and donation money to display the collection in accordance with the conditions of the gift. Ms. O'Leary could not be reached for comment on Thursday. A spokesman for the university did not return telephone calls. -------------------------------------------------------------------------------- Copyright © 2008 by The Chronicle of Higher Education
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TSUblueTiger
replied on 03-10-2008 09:50AM
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The art collection is magnificent. I am glad Fisk University obtained enough grant and donation money to display the collection.
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