Keeler

OPINION ON PROVENANCE

This case requires the court to resolve the ownership of a work of art. The word “provenance” has developed in the art world as a term for the subject of title to works of art. The case was tried to the court, sitting without a jury, and was briefed, argued, and submitted for decision.

The court heard the testimony of the witnesses and has reviewed the relevant portions of the transcripts of their testimony. The court has reviewed the exhibits which were admitted into evidence, 1 the record of the case, the briefs and arguments of counsel, and the applicable authorities.

This opinion constitutes the findings of fact and conclusions of law of this court, as provided in Rule 50(a) of the Federal Rules of Civil Procedure. The facts stated in this opinion are found to be facts, by a measure of a preponderance of the evidence.

I.

The work of art in dispute is an oil on canvas painting, 25)4" x 52" by Alfred T. Bricher, entitled “Marlton’s Cove, Grand Ma-nan, Maine.” Bricher was an American painter of the so-called Hudson River School, and he signed this painting in the lower left hand corner with his monogram. A description or picture of the painting appears…