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Section 8 - Index  - Section 10

LINK - TOULOUSE

At the time in question, at the end of the summer of 1991, the DMA pictures were in Toulouse and so was Mathieu’s Battle of Hastings from the French Institute, and so were pictures and sculptures from Rainham Hall and Rendcomb College: 38 works of art at least and possibly more. It slipped out that IMAI’s Temps Modernes had disappeared altogether, and so it went on. MOMAT was less than forthcoming with information and failed to give satisfactory assurances on the pictures to the children’s French lawyer. Therefore some precautionary conservative legal action seemed appropriate, in case the pictures vanished again. Matters became the more urgent when it was discovered that the pictures were the subject of a projected donation.

Now the arrival of prospective heirs in Toulouse on the trail of their father’s estate, should have made the Museum stop in its tracks (45). True, the children had not yet proven their claim in Spain, but they had all the appearance of being heirs and there was a possibility that they might prove to be so in the future. Prudence and common sense ought to have suggested to MOMAT the advisability of mothballing the donation until the inheritance issue had been definitively settled in Spain.(46) Instead - in full knowledge of the children’s case - the City pressed ahead with preparations for an Act of Donation (47). They claimed that their experts had fully researched the matter of the relevant law, and had satisfied themselves that the arguments for sole title put forward by Denney’s widow were correct.

Section 9 : References 45 ICOM Code of Professional Ethics 3.2. Acquisition of illicit materials… "A museum should not acquire, whether by purchase, gift, bequest or exchange, any object unless the governing body and responsible officer are satisfied that the museum can acquire a valid title to the specimen or object in question."  46 It is know that the City of Toulouse’s own legal department had indeed asked at about this time: what about the children, don’t they have any rights? But it seems that they became convinced of the argument that an Englishman was free to give under his will as he chooses - which is true in the limited context of the movable property of an Englishman domiciled in England. Certainly not true if he is domiciled in France- as they well knew -and in effect an open question for an Englishman domiciled in Spain  47 The final articles of donation make interesting reading because the title is based on a declaration by the donor that she is acting out of the fullness of her rights and capacities and that no legal or contractual obstacle exists on her account to the free disposition of the goods presently given. This is followed by photocopies of documents indicating that the Denney children have initiated proceedings relative to the succession of Mr Denney in Spain  Temps Modernes by Imai - Formerly on loan to Rendcomb College - current whereabouts unknown