Re: | Page 88

en ol St Paintings I very clearly remember a seminar at university dealing with trusts and equity. It was focussed on tracing which had nothing to do with paper and drawing, and everything to do with stolen goods. It was part way through a very complex diagram on the blackboard (yes, I am that old) and an explanation which included several Latin phrases that I vowed to myself “whatever I do in the future, I shall NEVER EVER deal with such DULL subjects”. Scroll forward a decade or two, and sure enough, I specialise in trusts, estate equity and all things related and love it! A recent court case caught my eye which brought to life that old dusty board and chalky seminar room. It almost reads like the plot of a 1960s heist caper, but is sadly true. In 1964 Mathilda Marks (of Marks and 86 Spencer fame) left her estate including a Gauguin and a Bonnard painting to her husband, Mr Terence Kennedy. These were dramatically stolen from him in 1970 when thieves posing as burglar alarm technicians conned their way into his home when only the housekeeper was there and removed them from their frames while she was making tea. As extremely valuable hot property, the paintings were whisked to the continent, where, surprisingly they were left on a midnight train from Paris to Turin and languished unidentified in the lost property office at Turin station for around 5 years. Nothing is known of what happened to the hapless courier! The Italian railway authorities held an auction of lost property in 1970 and the paintings were sold for approximately £20 to an assembly line worker from the local Fiat factory who thought they would look nice in his dining room. When he eventually retired and moved home to Siracusa, Sicily, he brought the paintings with him. This time, he hung them in his kitchen above the same table he had moved from Turin and his son, who had developed an i nterest in art, started to research the pictures. They had been thought lost until recently when the present owner decided to sell them. Here’s where both criminal and equity law come in. No insurance payment was ever made, so legal ownership does not pass to any insurance company. The heir to Mr Kennedy claims that the Italian authorities did not do enough to investigate the pictures when sold, and that therefore the buyer could not acquire legal ownership of the pictures and they should be returned. In civil law, the purchase was not in good faith, and in circumstances where it was reasonable to assume they were stolen, so the paintings belong to the original owner, and he can recover them, without compensating the buyer. They are presently valued at approximately £25M. Criminal law says they’re stolen, and should be recovered. The Italian authorities claim that the buyer has the right to retain the pictures as more than 20 years has elapsed since he bought them, so even if he knew, or suspected they were stolen, he doesn’t have to give them back. UK law doesn’t have that time limit, so the question is which law will prevail? International negotiations have been started, but at the time of going to press, we don’t know the outcome. We don’t usually deal with such high profile, dramatic matters when advising our clients, but you can be sure, if you need us, we have a great team of trust and international specialists, ready and willing to help. And we promise not to use Latin! By Fiona Dodd