The Heirs' Claim
The heirs, who live in the United States, are represented by Berlin lawyer Gunnar Schnabel. In a Nov. 12 email to Marco Toracca, the head of Sotheby's restitution department, Schnabel urged Sotheby's to prove beyond a doubt that the painting was sold at market value in 1936 and that the family "would have wanted to carry out the sale even without Nazi rule." Schnabel wrote that his client "is prepared to work toward a fair and just solution in the spirit of the 1998 Washington Principles," international guidelines designed to help institutions and governments handling confiscated or Nazi-looted art.
According to the sources, Samuel Fischer acquired the painting in 1909 from a Paris gallery. He founded S. Fischer Verlag, a German publishing company whose authors included Thomas Mann, Hermann Hesse and Alfred Döblin. After Fischer's death in 1934, his son-in-law Gottfried Bermann Fischer took over the company. With the Nazis' rise to power, many of the company's authors faced publishing bans, and Bermann Fischer left Berlin for Vienna.
The family deposited the painting and two works by Cézanne with the dealer Walter Feilchenfeldt at the Amsterdam gallery Paul Cassirer in either 1932 or 1933, according to Sotheby's. In 1936, Feilchenfeldt sold the painting to a Parisian collector. The heirs argue the sale took place three months after the family had left Berlin for Vienna, and that the family was forced to pay the "Reich flight tax" imposed on those who emigrated.