Fisk, O’Keeffe Museum Argue Before State Appeals Court

Fisk University wants the state appeals court to overturn a ruling so the school can sell a stake of its famous Stieglitz art collection.

Fisk wants to sell an equal stake in the collection for $30 million to Crystal Bridges, a museum in Bentonville, Arkansas planned by Wal-Mart heiress Alice Walton.

Artist Georgia O’Keeffe donated the collection to Fisk in 1949, and to legally carry out the sale, the school has to prove it’s close to O’Keeffe’s wishes.

Last year a chancery court rejected the deal. The chancellor also recognized a New Mexico museum that represents O’Keeffe’s estate. The chancellor gave the museum the right to take back the collection if Fisk didn’t display the artwork according to O’Keeffe’s wishes. Fisk complied in October.

In its appeal, Fisk is arguing the chancellor was wrong to involve the museum at all, and wrong again in saying the deal with Crystal Bridges wouldn’t be legal. A ruling from the appeals court could take up to six months.

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Cy Pres

Fisk would make the deal with Crystal Bridges under the doctrine of cy pres, which would mean O’Keeffe’s donation was made with general, not specific, charitable intent. The chancery court found O’Keeffe’s intent to be specific – with conditions – and ruled the deal out, so the other requirements of cy pres went unexamined.

As a result, if the appeals court overturns the ruling on charitable intent, the chancery court would still have to resolve those other issues, which include financial considerations and whether it’s possible or practical for Fisk to comply with O’Keeffe’s wishes.

Tennessee Attorney General

Lawyers for the state argued in the Court of Appeals that the O’Keeffe museum has no right to take back the collection. At the same time, Attorney General Bob Cooper opposes the Crystal Bridges deal, saying the people of Tennessee are the gift’s beneficiaries.

Under the proposal, Fisk and Crystal Bridges would share the artwork for equal amounts of time. Cooper says he’d prefer the collection stay in Tennessee full time.

“This office has stated to the court of appeals and in its briefs that it has serious concerns and reservations about that deal, and about any deal that would remove the art from this community and this state, and keep it from being enjoyed and used in the way that was intended by the original donor.

“That is an issue to be worked out if the court does find that there was a general intent. And obviously if Fisk were to go forward we would be vigorously involved in that lawsuit and closely scrutinize any proposal that is made.”

The collection includes O’Keeffe’s “Radiator Building,” as well as work by Picasso and Renoir.