Research on Eduard Gaertner’s two pastel portraits “Älterer Herr” and “Ältere Dame”

In 1972, the museum purchased two pastel portraits by Gaertner at an auction in Munich. These works originated from the collection of Dr. Freund. Over decades, Julius Freund had amassed a notable collection of predominantly Berlin art of the 19th century. This collection was exhibited in 1931 in the Märkisches Museum (now the Stadtmuseum). Prior to Hitler’s seizure of power, Freund was planning to bequeath his collection to the museum, and therefore the museum was familiar with the masterpieces in the Freund collection and their provenance. Freund then decided to transport his art collection to Switzerland at the end of 1933. In 1939, the Freund family emigrated from the German Reich as a result of persecution and lived with their son, Hans, in London in destitution. After Freund’s death in 1941, his widow decided to sell the art collection that was stored in Switzerland. The collection was first exhibited in Basel before being sold at auction at Galerie Fischer in Lucerne on March 21, 1942. The two Gaertner pastels had the lot numbers 106 and 107. Ms. Freund received the proceeds from the auction without any deductions in 1942.

In August 2009, a Berlin law firm asserted a claim against the Stadtmuseum, as a precautionary measure, that the two Gaertner pastels acquired in 1972 potentially could be cultural goods confiscated as a result of Nazi persecution and the grandson of the collector Freund was having restitution claims examined. In response, the museum conducted research into the buyer at Galerie Fischer in 1942 and the seller at Neumeister auction house, Munich, in 1972. However, for data protection reasons, no details about the private owners were available. As the acquisition of the two pastel artworks by the museum took place during the lifetime of the heirs Hans and Giselé Freund and neither heir made a claim for their return, the Stadtmuseum Berlin now assumes the legality of the acquisition and of its property.