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Recommendation regarding Lierens II

Lierens II

Report number: RC 1.187

Advice type: Dutch National Art Collection

Advice date: 18 September 2023

Period of loss of ownership: 1940-1945

Original owner: Private individual

Location of loss of ownership: In the Netherlands

The Aunts Go on a Journey by Alexander Hugo Bakker Korff (photo: Rijksmuseum Twenthe)

  • aquarel "De tantes gaan op reis"door Alexander Hugo Bakker Korff

Summary of Recommendation regarding Lierens II

The Restitutions Committee has assessed an application for restitution of the watercolour The Aunts Go on a Journey (1881) by Alexander Hugo Bakker Korff (hereinafter also referred to as the watercolour), which is currently in the Rijksmuseum Twenthe. The Committee has come to the conclusion on the grounds of the investigation conducted by the Expert Centre Restitution (ECR) that it is highly likely that the artwork came from the private collection of the Jewish art collector Jacob Lierens (1877-1949) of Amsterdam. It has also become sufficiently plausible that Lierens lost possession of the watercolour involuntarily as a result of circumstances directly connected with the Nazi regime.

The investigation has shown that in 1924 the watercolour was part of Lierens’s art collection. No indications were found that suggest that the watercolour ceased being the property of Lierens prior to the German invasion of the Netherlands.

In July 1941 the watercolour was put into a sale at the Frederik Muller & Co auction house in Amsterdam. The watercolour was acquired by Jan Bernard Scholten of Enschede, who in 1925 had acquired a painting by the same artist with the same theme from Lierens. Scholten bequeathed his art collection to his younger sister Ida Scholten, who after his death donated the collection to the State of the Netherlands, for use by the Rijksmuseum Twenthe.

A further indication that Lierens lost possession of the watercolour involuntarily is a letter from Bernardus Mensing, a partner in Frederik Muller & Co., which was found in a file in the Central Archives for Special Criminal Jurisdiction (CABR). In it, Mensing stated he had sold a substantial part of Lierens’s art collection at the latter’s request so that Lierens and his wife could afford a bearable existence during the period they were in hiding. The same file contains a letter from Lierens in which he thanks Mensing for his efforts.

The Restitutions Committee has advised the State Secretary for Culture and Media to restitute the watercolour The Aunts Go on a Journey to the heirs of Jacob Lierens.

Recommendation regarding Lierens II

On 6 November 2020 the Minister of Education, Culture and Science (hereinafter referred to as the Minister) asked the Restitutions Committee (hereinafter referred to as the Committee) to issue advice. This recommendation concerns the application for the restitution of the watercolour The Aunts Go on a Journey by the artist Alexander Hugo Bakker Korff. The artwork is part of the Dutch National Art Collection and is currently held by the Rijksmuseum Twenthe, inv. no. 0390.

The restitution application was made by AA; BB; CC; DD; EE, and FF (hereinafter referred to as the Applicants). The Applicants stated that they are the heirs of Jacob Lierens (1877-1949, hereinafter also referred to as Lierens) and are represented by James Palmer of Mondex Corporation of Toronto (Canada). The Netherlands Cultural Heritage Agency (RCE) represented the Minister in this case.

1.    The Application 

In a letter of 6 November 2020, the Netherlands Cultural Heritage Agency (hereinafter referred to as the RCE) asked the Committee on behalf of the Minister to issue advice about restitution of the watercolour The Aunts Go on a Journey by the artist Alexander Hugo Bakker Korff. This was prompted by the request from Mondex Corporation on behalf of the Applicants to the Ministry as described in a letter of 24 July 2020. The watercolour was allegedly owned originally by the paper merchant Jacob Lierens.

2.    The Procedure and the Applicable Assessment Framework

In a letter of 11 November 2020, the Committee told the Applicants about the request for advice from the Minister and stated that on the grounds of the Decree Establishing the Restitutions Committee (applicable as of 19 July 2012) it advises about applications on the basis of the yardsticks of reasonableness and fairness. On 22 Aril 2021, the new Decree Establishing the Restitutions Committee of 15 April 2021 came into force together with a new assessment framework to be applied by the Committee. At the same time, so did new regulations that no longer contain an assessment framework for the Committee to use. In an e-mail of 29 April 2021, the Applicants agreed that the new Decree Establishing the Restitutions Committee and the new regulations are applicable.

The Committee took note of all the documents submitted by the Applicants and the RCE. It sent copies of all documents to the Applicants and the RCE. The Committee furthermore submitted research issues to the Restitution of Items of Cultural Value and the Second World War Expert Centre of the NIOD Institute for War, Holocaust and Genocide Studies (hereinafter referred to as the ECR). The findings of the investigation are recorded in the overview of the facts.

Chronological overview of the committee’s actions and the responses to them

  • In a letter of 24 July 2020, the Applicants asked the Minister to restitute the watercolour The Aunts Go on a Journey. In response to this request, on 6 November 2020 the RCE, on behalf of the Minister, asked the Committee to advise about this request.
  • On 21 December 2020 the Committee asked the ECR to launch an investigation into the facts. The results were recorded in a draft report, which was sent with a letter dated 17 February 2023 to the RCE and the Applicants for additional information and/or comments. A response on behalf of the Applicants was sent in an e-mail of 27 March 2023, the RCE responded on 29 March 2023. The ECR amended the wording of the draft report with regard to several points on the basis of the responses. The responses to the draft overview and a selection of the relevant correspondence were appended to the overview as appendices.
  • The final report was adopted on 7 June 2023. The Applicants responded in an e-mail of 26 March 2023, and the RCE in an e-mail of 3 March 2023.
  • The Committee asked whether the RCE and the Applicants needed a hearing. In an e-mail of 26 June 2023, the RCE stated that it would be available if the Applicants wanted a hearing. In an e-mail of 3 July 2023, the Applicants stated that they do not want to make use the opportunity to participate in a hearing.
  • The Committee sent its draft recommendation to the Applicants and the RCE on 3 August 2023. On 31 August 2023 the Applicants responded, referring to enclosed information, with a request to amend the established facts about Sophia Emma Dribbel. The RCE stated in an e-mail dated 13 September 2023 that it did not have any comments of a factual nature on the draft recommendation.

3.    Establishing the Facts

The Committee establishes the following facts on the grounds of the investigation into the facts.

Jacob Lierens’s Family and Collection

The paper merchant and art collector Jacob Lierens (hereinafter referred to as Lierens) was born in Amsterdam on 5 February 1877. On 22 December 1898 he married Henriëtte Johanna Benavente in community of property. The couple had four daughters: Elisabeth, Rebecca, Branca and Esther. The oldest daughter, Elisabeth, died in 1930 after a long illness. It is stated in a file in the Central Archives for Special Criminal Jurisdiction (hereinafter referred to as the CABR) that, in addition to his family with Henriëtte Johanna Benavente, Lierens had a further four children with another woman; they are mentioned in his will. In the same file Sophia Emma Dribbel is recorded as a foster daughter. One of her sisters, Louise Dribbel, was married to Lierens’s brother. During the nineteen-thirties another sister, Marie Dribbel, lived at Den Texstraat 32 in Amsterdam. Also living at that address was Jonas Alexander van Bever, a Dutch broker of Jewish descent who supported Jacob Lierens in his art collecting activities. Starting in 1921, the Lierens family lived in ‘Villa Johanna’ at Amsteldijk 196 in Amsterdam, where there was plenty of room for Jacob Lierens’s collection of paintings and other artworks that he was to accumulate over the years.

Jacob Lierens was a partner, together with his brother-in-law and brother, in the firm of L. Lierens & Co., a ‘Dealership in new and waste paper, rags, metals etc.’, located at Prinsengracht 353-355 in Amsterdam. After the withdrawal of his brother-in-law and the death of his brother, from 1930 Lierens continued the business on his own. On 1 May 1940 the business was made a general partnership, with Sophia Dribbel as a partner.

During the war the Lierens family suffered as a result of anti-Jewish measures. On the grounds of the Removal of Jews from the Business Community Regulation of 12 March 1941 (VO 48/41), the German Michael Hüllen was appointed administrator of Lierens’s firm. He became owner of the business in 1942. Initially Lierens continued working in the firm as an employee, but in due course he was excluded from it. Sophia Dribbel remained with the firm as general agent.

Jacob and Henriëtte Lierens’s house at Amsteldijk 196 and the lion’s share of the household effects were confiscated. It is plausible that this was the reason why the Lierenses moved to Deltastraat 1a in Amsterdam, where Sophia Dribbel also lived. It emerged from documentation that during 1943 the couple were interned for a period in Westerbork transit camp. They were able to get out of the camp by surrendering jewellery worth 75,000 guilders.

The Lierenses survived the war after they were released by going into hiding. Their daughters Esther Jessurun Cardozo-Lierens and Rebecca Bosboom-Lierens also survived the war. Esther did it by going into hiding with her family and Rebecca by fleeing the Netherlands in 1939 with her family and settling in the United States. Their daughter Branca Roselaar-Lierens and her husband Emanuel Roselaar were murdered in Auschwitz in September 1942.

After the war, Lierens continued running his business together with Sophia Dribbel until his death in 1949. His wife, Henriëtte Johanna Benavente, died in 1956 in New York.

Provenance of the watercolour

The claimed artwork is a watercolour on paper by Alexander Hugo Bakker Korff, dimensions 280 x 400 mm, entitled The Aunts Go on a Journey, dated 1881. The work is currently in the depot of the Rijksmuseum Twenthe.

The watercolour went under the hammer in 1921 at the Frederik Muller & Co auction house in Amsterdam. A catalogue of this sale in the RKD (Netherlands Institute for Art History) contains a note that the work was purchased by ‘v Bever’. That probably refers to Jonas van Bever, the broker who supported Lierens in building up his collection. In emerges from correspondence between Van Bever and Museum De Lakenhal in Leiden, as well as other documents, that in 1924 the watercolour was loaned to Museum De Lakenhal for an exhibition of works by Bakker Korff. In the exhibition catalogue, J. Lierens of Amsterdam is listed as the owner. That also applied to seven other works in that exhibition.

One of these other works was a painting by Bakker Korff of the same subject, The Aunts Go on a Journey, dated 1876 and signed AHBakker Korff. This painting is now, like the watercolour, in the collection of the Rijksmuseum Twenthe. A sale catalogue found during the investigation clearly states that Lierens put the painting up for auction on 26 June 1925 at Frederik Muller & Co, where it was bought by the industrialist and art collector Jan Bernard Scholten of Enschede. The watercolour is not included in this sale catalogue. Also, no other indications were found that suggest that the watercolour ceased being the possession of Lierens prior to the German invasion of the Netherlands.

The artwork during the occupation

There is no known documentation that states who the owner of the watercolour in the Netherlands was at the beginning of the German occupation. What is known, however, is that on 8 July 1941 the watercolour was put up for auction at Frederik Muller & Co in Amsterdam as part of ‘various collections and estates / old masters’. It can be deduced from documentation that the watercolour was probably purchased by Paulus Brandt, a Dutch broker and art dealer, for Jan Bernard Scholten. A further five artworks from the Lierens Collection were put up for auction in a sale at the same auction house between 14 and 17 October 1941 (lot nos. 301, 311, 318, 348 and 349).

Files in the CABR about Bernardus Franciscus Maria Mensing, a partner in the Frederik Muller & Co auction house, contain information about the fate of Jacob Lierens’s substantial collection during the German occupation. In a letter from Mensing to the Procurator Fiscal in October 1947, he refers to his involvement with the Lierens Collection, which had a value of three million guilders. Mensing wrote the following:

‘In my charge I had a large number of goods from Mr Lierens, of Jewish descent, and their value in May 1940 represented a very substantial sum. Later Mr Lierens went into hiding and by selling at auction, but not of course in the name of Mr Lierens, I succeeded in providing Mr Lierens with a bearable existence. Afterwards, in a letter he sent me dated 21 May 1945, he expressed his great appreciation and thanks for the spontaneous way in which I helped him during the German occupation.’

In the letter referred to by Mensing dated 21 May 1945, Lierens thanked him for keeping his antiquities collection safe. Lierens wrote the following:

‘I feel a need to tell you in this way of my immense appreciation and gratitude for the spontaneous way in which you helped me during the German occupation by keeping my collection of antiquities safe. / Although I had gone into “hiding” I knew what a difficult and dangerous situation you were in repeatedly in connection with the measures taken by the Germans, and I can imagine that it is now a great relief for you that those anxious times are fortunately in the past. / Finally I would like to ask you, in cooperation with the broker Langedijk, and preferably as soon as possible, to draw up a complete list of all the goods belonging to me that are at your place.’

The watercolour after the liberation

As stated above, it can be deduced from documentation that the watercolour was acquired in 1941 by the Dutch manufacturer Jan Bernard Scholten. In a will dated 19 September 1927, Scholten bequeathed his household effects, including a number of artworks, to his younger sister Ida Sara Scholten. A deed of donation dated 24 November 1947 by Ida Sara Scholten to the State of the Netherlands shows that, shortly after the death of Jan Bernard Scholten on 25 June 1947, Ida donated the artworks bequeathed to her to the State of the Netherlands, for use by Rijksmuseum Twenthe. At the same time, she stipulated that she was entitled to choose a selection of the artworks and hang them in her home during her lifetime. The watercolour is listed in the deed of donation as ‘Bakker Korff, “The Aunts Go on a Journey” (sepia drawing)’. With the exception of temporary exhibitions, the collection remained in Ida Scholten’s home during her lifetime. Shortly after her death in 1964 the collection was transferred to the Rijksmuseum Twenthe.

4.    Substantive Assessment of the Application

The Committee has established that the requirements in section 1 a to e of the assessment framework have been met and that the application is therefore eligible for substantive handling.

Pursuant to section 2 of the assessment framework, the Committee must assess whether it is highly plausible that the artwork was the property of Lierens, and on the grounds of section 3 whether it is sufficiently plausible that possession of the artwork was lost involuntarily as a result of circumstances directly related to the Nazi regime. To this end the Committee finds as follows:

Ownership requirements (section 2 of the assessment framework)

Documentation dating from the nineteen-twenties found during the investigation indicates that Lierens was the rightful owner of the watercolour The Aunts Go on a Journey by Alexander Hugo Bakker Korff in 1924. It has been established that the work went under the hammer at Frederik Muller & Co in 1921. It is plausible that the work was purchased by the broker Van Bever for Lierens. In 1924 the work, the property of Lierens, was loaned, with the involvement of Van Bever, to Museum De Lakenhal in Leiden for an exhibition of works by Bakker Korff.

The Committee finds that no other indications were found that suggest that the watercolour ceased being the property of Lierens prior to the German invasion of the Netherlands. The Committee also takes into consideration that the painting The Aunts Go on a Journey, which also belonged to Lierens and was also loaned to De Lakenhal, was purchased in 1925 by Jan Bernard Scholten of Enschede. So therefore, Scholten had already acquired an artwork by this artist on the same theme from Lierens prior to the purchase in 1941. In addition, the Committee attaches importance to the fact that between 14 and 17 October 1941 a further five artworks from the Lierens Collection were put up for auction in a sale at Frederik Muller & Co (lot nos. 301, 311, 318, 348 and 349). Two of those five artworks were, like the watercolour, by Bakker Korff. Another two of these artworks were restituted to Lierens’s heirs in 2019 on the recommendation of the Committee (file number RC 1.169).

On the grounds of this information, looked at as a whole, in the Committee’s opinion it is highly likely that at the time of the sale at Frederik Muller & Co on 8 July 1941, the watercolour belonged to Jacob Lierens. This means that the ownership requirement of section 2 of the assessment framework has been met.

Involuntary loss of possession (section 3 of the assessment framework)

It follows from the above that the watercolour ceased being Lierens’s property on 8 July 1941 as a result of the auction, and it can be assumed that this was done on his instructions and with the cooperation of Mensing. In the assessment of the nature of the loss of possession, the applicable underlying principle is that a sale by a private Jewish individual in the Netherlands after 10 May 1940 must be considered to be involuntary, unless the facts expressly show otherwise. On the grounds of the established facts, the Committee finds that the latter is not the case. It is plausible that the sale of the watercolour was connected to the measures taken by the occupying forces against Jewish members of the population and took place in order to save the couple’s lives. As a result of these measures, Lierens was not able to continue running his business and he was robbed of his income and possessions. He was consequently forced to sell part of his collection.

The Committee therefore concludes that the loss of possession was involuntary, caused by circumstances directly related to the Nazi regime. This also means that the requirements relating to involuntary loss of possession in section 3 of the assessment framework have been met.

Conclusion with regard to the restitution application

The Committee concludes that it is highly plausible that the watercolour The Aunts Go on a Journey by Alexander Hugo Bakker Korff came from the collection of Jacob Lierens, and that it is sufficiently plausible that he lost possession of the work in 1941 involuntarily as a result of circumstances directly related to the Nazi regime.

In view of sections 2 and 3 of the assessment framework (criterion 3.1 and part 2 at the end of section 3), the upshot of all this is that the Committee will recommend that the artwork should be restituted to the Applicants.

5.    Recommendation

The Restitutions Committee advises the State Secretary for Culture and Media to restitute the watercolour The Aunts Go on a Journey by A.H. Bakker Korff to the heirs of Jacob Lierens.

Adopted at the meeting on 18 September 2023 by D. Oostinga (Vice-Chair), J.F. Cohen, S.G. Cohen-Willner, J.H. van Kreveld and C.C. Wesselink, and signed by the Vice-Chair and the Deputy Secretary.

D. Oostinga, Vice-Chair              N.L.E.M. Bynoe, Deputy Secretary