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Catalog Data

Creator:
Harrow, Gustave  Search this
Subject:
Annenberg, Walter H.  Search this
Rothko, Mark  Search this
New York (State). Attorney General's Office  Search this
Metropolitan Museum of Art (New York, N.Y.)  Search this
Mark Rothko Foundation  Search this
Place of publication, production, or execution:
United States
Physical Description:
34.6 Linear feet
Arrangement:
The collection is arranged in 7 series. Series 1: General Files, 1957-1981, undated Series 2: Motions, 1971-1979, undated Series 3: Decisions, 1970-1979, undated Series 4: Appeals Documents, 1972-1979, undated Series 5: Miscellaneous Case and Post-Trial files, 1972-1984, undated Series 6: Reference Materials, Notes and Writings, 1970-1986 Series 7: Metropolitan Museum of Art / Walter Annenberg Etc., 1971-1981, undated
Access Note / Rights:
Use of original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center. Use of archival audiovisual recording with no duplicate access copy requires advance notice. Contact Reference services for more information.
Summary:
The Gustave Harrow legal records relating to the Estate of Mark Rothko measure 34.6 linear feet and date from 1957-1986. The records document the case brought by the New York State Attorney General's Office as cross-petitioner to the case brought by Rothko's daughter Kate, against the executors of Rothko's estate, Frank Lloyd and the Marlborough Gallery, for mismanagement and self-dealing. There are also records related to Harrow's writings about the case. Lastly, included in the collection are materials relating to art law issues in connection with the Metropolitan Museum of Art.
Citation:
Gustave Harrow legal records relating to the Estate of Mark Rothko, 1957-1986. Archives of American Art, Smithsonian Institution.
Funding:
Funding for the processing of this collection was provided by the Smithsonian Institution Collections Care and Preservation Fund
Use Note:
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
Related Materials:
Among the holdings of the Archives of American Art are the Mark Rothko Foundation records, 1976-1987; Legal records relating to Richard Serra v. United States General Services Administration et al., 1985-1987.
The Archives of American Art interviewed multiple artists as part of the Mark Rothko and His Times Oral History Project. Many of the interviews reference Rothko and his work, and relationships with the artist.
The Legal records relating to Richard Serra v. United States General Services Administration et al., 1985-1987 contains documentation of another lawsuit handled by Gustave Harrow. Another small collection (11 items) of Mark Rothko papers were loaned to the Archives for microfilming on reel 3135. The papers were in the possession of George Carson, husband of Rothko's ex-wife Edith Carson. Carson gave the papers to the Mark Rothko Foundation and gave the Archives of American Art permission to microfilm them. The microfilm is available at Archives of American Art offices and through interlibrary loan but are not described in the container listing of this finding aid.
Biography Note:
Gustave Harrow was a New York State Assistant Attorney General, and an adjunct professor in the Graduate Program in Arts Administration at NYU. Abstract Expressionist Artist Mark Rothko died on February 25, 1970 leaving the bulk of his estate, including 798 paintings (the greater part of his life's work) to the Mark Rothko Foundation which he had created shortly before his death. His daughter Kate [Rothko Prizel] brought suit against the estate executors and Marlborough Gallery for self-dealing, fraud, and conspiring with Marlborough owner, Frank Lloyd to waste the assets of the estate. The state of New York Attorney General's Office, represented by Harrow, joined the case as a cross-petitioner on behalf of the people of New York's interest as beneficiaries of the charitable Foundation. The case resulted in the return of most of the paintings, the removal of the executors (accountant Bernard Reis, artist Theodoros Stamos, and anthropology professor Morton Levine), and a $9.2 million judgment against them and Frank Lloyd. The case had a lasting effect on laws dealing with artists' estates, and Harrow was instrumental in framing a bill that aimed at reducing fraud in the fine arts market. Harrow wrote about the Rothko Estate case in several articles and in the 1979 book Art, the Artist, and the Consequences of Rothko: Lasting Legal Impressions from the Estate of Great Artist.
Language Note:
The collection is in English.
Provenance:
The Gustave Harrow legal records relating to the Estate of Mark Rothko were donated to the Archives of American Art by Marilynn Karp March 23, 1996. Mr. Harrow had deposited the papers with Ms. Karp, a colleague of Harrow's at New York University where he was an adjunct professor.
Location Note:
Archives of American Art, Smithsonian Institution, 750 9th St. NW, Washington, D.C. 20001
Topic:
Artists -- Legal status, laws, etc. -- United States  Search this
Transcripts  Search this
Decedents' estates -- New York (State)  Search this
Law and art -- United States  Search this
Theme:
Lives of artists  Search this
Record number:
(DSI-AAA_CollID)6067
(DSI-AAA_SIRISBib)216127
AAA_collcode_harrgust2
Theme:
Lives of artists
Data Source:
Archives of American Art
EDAN-URL:
edanmdm:AAADCD_coll_216127