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Author's introductory note by Antony AndersonI am the son-in-law of Anthony Denney, being married to Teresa one of his twin daughters. I am not therefore an impartial observer and must declare an interest in the events that I will now attempt to describe. Nevertheless, I hope to present the Denney case history with sufficient accuracy and clarity for it to form a useful focus for discussing some of the public issues that may arise with art loans.The Art Loan SystemArt loans between a world-wide network of museums, institutions and private owners, enable museums to provide a service far beyond what they could provide out of their own resources. Art loans are only possible because lenders have absolute confidence in the system and know that what is lent will come back to them. Suppose that confidence were to be shaken, what would happen then? Who would lend if one percent of all works of art lent went missing? Yet loan agreements tend to be imprecisely drafted so that one might suppose that total confidence in the system was justified: as if there was no need to anticipate what might happen when museum staff moved, records were misplaced or lenders grew old or died. Loans can go wrong and, if they do, what are the responsibilities of the holding museum, and who maintains the Art Loan Quality System?The Denney CaseIn the Denney case, a long term loan from a private individual was transferred between museums by deception. It resulted in a nightmare of tangled claim and counterclaim on inheritance: but why? In order to answer this question we must closely examine the processes of conveyance whereby title to the Anthony Denney’s loan collection was made to seem to pass from his estate to the Museum of Modern Art in Toulouse.Purpose of this PaperMy purpose is to draw lessons of general relevance from the case that may make similar events less likely in the future.(1)
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