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Post #408954 by dogbytes on Fri, Sep 19, 2008 10:39 PM

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Museum collection threatened by family feud
John Coté, Chronicle Staff Writer

Friday, September 19, 2008

(09-19) 20:45 PDT -- An entire wing of the M.H. de Young Memorial Museum that was built to hold a peerless collection of art from Papua New Guinea could be emptied by an inheritance battle between heirs of the Annenberg publishing fortune.

That threat in the coast-to-coast dispute prompted San Francisco City Attorney Dennis Herrera to obtain an emergency court order today to prevent the art from being seized and sold.

"We're going to do everything possible to make sure the collection is available to the city for the benefit of the public," Herrera said.

At the heart of the dispute is de Young Trustee John Friede, who appears to have promised his prized collection to the museum but also put it up as collateral in a legal dispute with his brothers in Florida.

The 400 works at the museum are part of the 4,000-piece Jolika Collection compiled by Friede and his wife, Marcia. The array, which includes masks and ritual headdresses, is considered the world's most important private collection of objects from Papua New Guinea.

Estimates of the value vary, but the 400 items at the de Young are insured for more than $90 million, a city official said. They take up more than a quarter of the museum's permanent exhibit space, and their inclusion at the de Young's Golden Gate Park building that opened in 2005 was hailed beyond the Bay Area in art trade publications and the New York Times.

"It's truly one of the most unique collections of its kind anywhere in the world," said John Buchanan, director of the Fine Arts Museums of San Francisco, which includes the de Young. "They have made the de Young really one of the great centers for the study and appreciation of Papua New Guinea art. It's a tremendous jewel in the crown of the city's museums."

That status is threatened by a heated inheritance dispute playing out in a courthouse in Florida's Palm Beach County that spilled over this week into San Francisco Superior Court.

Family feud
Three brothers - John Friede, Robert Friede and Thomas Jaffe - have been feuding since 2005 over the estate of their mother, Evelyn A.J. Hall, a sister of the late publishing tycoon Walter Annenberg. Under a settlement reached on Oct. 18, 2007, John and Marcia Friede agreed to pay his brothers $30 million - $20 million of which was secured by the couple's art collection, according to figures in the case.

The problem was that a week earlier, John Friede had finalized paperwork donating the entire 4,000 piece collection to the city-owned de Young, according to documents from the city attorney.

Last week, a probate judge in Florida ruled that John and Marcia Friede had breached the settlement agreement by its deal with the de Young and by granting a lien on the art in exchange for a $670,000 advance, court documents show.

Judge John Phillips ordered the couple to turn over "all collateral described in the security agreement, which is in their care, custody or control" to the two other brothers. The balance of the Jolika Collection is at the couple's home outside New York City, according to court filings. Those pieces had been donated to the museum even if they had not been moved, according to the city.

Herrera's office tried to intervene in the Florida case this week, but Phillips would not allow it, prompting Herrera to file a case in San Francisco Superior Court. There, Judge Peter Busch issued a temporary restraining order prohibiting the artwork from being removed from the museum or the house. A hearing on the issue is scheduled for Oct. 6.

The main question is: Who really owns the artwork?

"That's a murky area," Deputy City Attorney Donald Margolis said. "We're taking the position that entirety of the Jolika Collection has been transferred to the museum."

History of giving
Buchanan, the museum director, said he did not feel misled that John Friede apparently entered into a deal with his brothers involving the artwork as collateral after signing it over to the de Young.

"I don't feel misled at all. What we're trying to do is support his ongoing charitable intentions," Buchanan said. "I'm not involved in his own personal situation with his family."

An attorney for John Friede could not be reached for comment.

John and Marcia Friede had been donating parts of the Jolika Collection, named from the first two letters of the names of their adult children, John, Lisa and Karen, to the museum since 2003, according to court records. De Young officials designed and built a major gallery specifically to house the collection and named it in honor of the couple.

The city attorney's court filings state that the other brothers intend to immediately seize the art, dismantle the collection and sell off the pieces.

A Florida attorney for Jaffe, one of the brothers, disputed that.

"Tom Jaffe does not intend to immediately sell or dismantle the tribal art collection," said attorney James Pressly Jr., who declined to comment further on his client's intentions.

Robert Friede's attorney could not be reached.

Adine Varah, a deputy city attorney, said the potential loss of the rare collection couldn't be measured.

"The value beyond monetary value is enormous," Varah said. "It spans centuries and regions. There is value that is far beyond any number that can be ascribed to it."