MEXICO CITY — Somewhere a great collection of 20th-century Mexican art has been hidden.
Natasha and Jacques Gelman; Jerry Jung, who is contesting control of the collection.
The works, by Frida Kahlo, Diego Rivera,
José Clemente Orozco and their contemporaries have been removed from a
museum in Cuernavaca, about an hour south of here, until further notice
as a legal battle unfolds over the collection’s rightful ownership.
The paintings belonged to Jacques Gelman, a Russian-born producer of Mexican films
who died in 1986, and his wife, Natasha, who jointly began amassing art
after they were married in 1941. The couple were best known for
creating a sweeping collection of 20th-century European art that Mrs.
Gelman left to the Metropolitan Museum of Art in New York upon her death in 1998.
They purchased the Mexican art mostly from friends as they took part in the vibrant art scene of midcentury Mexico City.
Mr.
Gelman, who became rich producing the films of the Mexican comedian
Cantinflas, moved in glittering spheres in Mexico City and New York,
socializing with artists, actors and art curators. As patrons in Mexico, the Gelmans commissioned many portraits: Rivera, Kahlo, Rufino Tamayo and David Alfaro Siqueiros all painted Mrs. Gelman.
At the time of her death the collection consisted of 95 pieces,
including two well-known 1943 works by Kahlo, “Self-Portrait as a
Tehuana (Diego on My Mind)” and “Self-Portrait With Monkeys,” and
Rivera’s 1941 “Calla Lily Vendor.” The largest number of works are by
the couple’s close friend Gunther Gerzso, an abstract painter whose
reputation has grown over the last decade.
In 1993 Mrs. Gelman
wrote a Mexican will that bequeathed the Mexican collection to Robert
R. Littman, an American curator who was a close adviser and friend in
the last years of her life. He established the Vergel Foundation to
oversee the collection, which traveled to museums around the world.
Mr.
Littman used the fees from those shows to triple the size of the
collection, filling gaps that he said Mrs. Gelman had identified and
adding pieces by younger contemporary artists. In 2004 he found a
temporary home for the collection in a museum set up by the retailer
Costco and its Mexican partner in Cuernavaca, where Mrs. Gelman had a
house and spent most of her final years.
But two years ago a
cousin of Mrs. Gelman who has been fighting for a greater share of her
estate brought his legal battle to Mexico City.
The cousin,
Jerry Jung, hired a team of lawyers who have used a quirk in Mexican
law to mount a challenge to Mr. Littman’s control over the collection.
One
of the lawyers, Francisco Fuentes Olvera, bought the succession rights
to Mrs. Gelman’s Mexican estate for $20,000 from her half brother,
Mario Sebastian, in 2007 just before he died.
The transaction would give the lawyer the right to any part of the estate that was not clearly left to somebody else.
Since
then, the Jung legal team has attacked Mr. Littman’s handling of the
Mexican estate — he is its executor and main beneficiary — in the
Mexico City family court. Mr. Fuentes has won rulings that temporarily
named him executor of the will and recognized the succession rights he
had purchased from Mr. Sebastian. The judge, Celia Santos, also ordered
the collection to be turned over to Mr. Fuentes.
The legal battle was described this month in an article in The Art Newspaper.
As
his appeals wound through the courts, Mr. Littman removed the works
from the Cuernavaca museum last spring and hid them. He also canceled a
tour of museums in Europe and North America that would have begun this
week at the Irish Museum of Modern Art in Dublin.
“With all this
that’s happened, we have to keep it safe,” John Koegel, Mr. Littman’s
New York lawyer, said of the collection. “You never know when Judge
Santos will pop out another order.”
Mr. Littman’s lawyers have
submitted a formal complaint against Judge Santos, arguing that her
decisions have ignored the law regarding inheritance. Mr. Littman
recently won several stays in Mexican federal courts of Judge Santos’s
decisions. Mr. Jung’s lawyers are appealing those stays.
Lawyers for both sides say that a final decision on the fate of the collection could be years away.
The
two sides have begun a separate round of litigation over Mr. Littman’s
control of the collection. And the Mexico City prosecutor has opened a
criminal investigation of Mr. Littman’s handling of the estate.
Given
the vagaries and technicalities of Mexican law, there is now a
possibility — how remote depends on which lawyer is talking — that the
collection could end up in the hands of Mr. Fuentes Olvera, Mr. Jung’s
lawyer.
“We are not interested in the paintings for what they
are worth,” said Enrique Fuentes León, a well-known defense lawyer and
Mr. Fuentes Olvera’s father who is the senior adviser to Mr. Jung’s
legal team.
“This is a patrimony of the Mexican people,” he added.
Mr.
Littman, in an e-mail message, wrote that Natasha Gelman “would be
disheartened and furious at this turn of events which, given the
instruction in her will, she clearly never meant to happen.”
Mr. Littman has left Mexico and has not appeared before the family court.
According
to her will, Mrs. Gelman wanted Mr. Littman to ensure that the
collection be shown — in a private museum, because she distrusted the
Mexican government — and that it stay together.
“There is no
museum or private collection which can match these holdings and it
would be impossible to assemble such a collection today,” Mr. Littman
wrote by e-mail.
Yet for now it seems that the collection will probably stay hidden from view.