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The one that got away: fisherman’s legal battle over £150,000 artwork
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Fisherman Tony Varney and his daughter Selina found an 1885 work by US watercolourist Winslow Homer outside a rubbish dump in Ireland in the 1980s. The work had apparently been abandoned. They subsequently learnt it was worth £150,000, and attempted to sell the work at auction in New York in 2009.
After learning of the sale, the painting’s original owners stopped the auction, claiming the work, called Children Under a Palm Tree, was rightfully theirs. Two years on, the two families are still locked in a legal stand-off over the painting’s ownership, and their story can be told in full for the first time.
The Fisherman - Tony Varney
The Daughter - Selina Varney
“I would have willingly sat down and sorted this out,” Ms Varney said. “I just don’t know how long this is going to go on. I am just answering questions they are throwing at us as honestly as I can. I don’t know if they are intending on striking a deal. At the moment it is just going round and round and round.”
She said she was “upset” when Blake’s descendants, who live at the family home in Myrtle Grove, County Cork, stopped the sale, and said the dispute had caused a “lot of heartache, a lot of grief, a lot of money”.
The Painting by Winslow Homer
The work shows the three children of Sir Henry Arthur Blake, a British colonial administrator who lived in the Bahamas in the late 19th century. Homer was a guest of the family and painted their children, who were holding a fancy dress party.
The watercolour remained in the family’s ownership, and it travelled with them when they retired to County Cork, Ireland. It is presumed it then remained there for the ensuing decades.
The Rubbish Dump - Youghal Landfill Site, Co. Cork
However, mystery still surrounds how the painting managed to find itself outside a rubbish dump in the 1980s. While Blake’s descendants claim it was stolen from their property in Myrtle Grove, they have no record of the crime taking place. Ms Varney and her lawyers argue that since her family found the work, and it remained in their possession for nearly two decades without any claim on its ownership, it now belongs to them.
The House - Myrtle Grove, Youghal
“There was no crime report, and 20 years after the event it appears the family now realises it was stolen, which puts them in a very interesting legal situation,” said art dealer Philip Mould, one of the presenters of Fake or Fortune?, the BBC programme which will tell the full story of the saga on Sunday.
He added: “If something was deliberately thrown away, that also makes things very complicated. Sotheby’s are currently acting as Solomon, and are waiting for either party to come up with evidence it is theirs.” Mr Mould identified the work on Antiques Roadshow in 2008 and has since followed every development in the family’s tale with interest.
Art Expert Philip Mould
Journalist Fiona Bruce
There is also a dispute over the circumstances in which Blake’s descendants stopped the sale. While Sotheby’s claims it contacted them when they first encountered the work, and says they raised no objection, the family says they heard nothing until they saw the auction publicised in the Sotheby’s catalogue. The work now remains in the auction house’s possession in New York.
The Barrister - Simon Murray
“I think we would rather keep it,” said Simon Murray, Sir Henry’s great-great-grandson, who is representing his family’s interests. “It is such a special picture. The colours are wonderful. It’s a very significant part of my family’s history and we really want it back.”
Source: Tuesday, 21 June 2011 – By Rob Sharp, Arts Correspondent www.independent.co.uk/
Photos: BBC / Youghalonline / Google image
Governor Sir Henry Blake who looted the gates of Kam Tin and then took them back to Ireland to decorate his stately home.
http://www.citylifehk.com/citylife/eng/history_0310.jsp
Watched the program in Austalia recently. Whilst I have sympathy for the Varney family – and less for the Blake descendants, who it would appear only took an interest in the painting after its real value was identified, my suggestion is that Selena, who was obviously moved by her visit to and discussion with the curator of the Winslow Homer National collection/institute, make a huge philanthropic gesture and ask for the painting to be handed over to the US (Nation) with words to the effect: ‘This important work by Homer was found abandoned and returned to an appreciative Nation for safe keeping by the Varney family (England).’ Surely, the Blake descendants couldn’t object to that given their previous lack of interest in the painting and the fact that they now claim their interest is in the non-$ value of the painting. Obvioulsy also, no one would profit from the painting but Selena would have some satisfaction and the matter would be settled !!!
“I think we would rather keep it,” said Simon Murray…Bet he would!
“The colours are wonderful”…..The colour of money!
Hello from Sweden!
I just saw the program about the painting,let Selena keep keep painting or sell it, i hate greedy and false people like Simon Murray (just greedy and false and a lawyer,he was so nervous when he should explain the story why they haven’t report it stolen,just a family that think they are better than the rest,have they thrown it away then it wasn’t so valuable for them but when these disgusting rich greedy people heard about the money they wake up,loosers,take a big loan to your pretty family and start to restorate your big castle,I live in Sweden but i nearly threw up when I saw him Simon who happens to be in vacation in New York just the day to stop Selena’s sale,it must been one of the biggest liars and loosers in Great Britain,hope that Selena wont give up,good luck from whole SWEDEN and specially me Kenneth Kjellberg
What is the most probable cause of the Varney family getting possession of the painting, theft or finding it on a dump? Have they found it as abandoned property and rescued it from destruction? What would be the value of the goods if it was left in same place and not rescued from the wind and weather? What would be the probability of the Blakes getting any benefit from the painting if it not have been for the action of the Varney family? What proof does the Blake have that 1. It had been in there possession? 2. That they not traded the goods for a bottle of whiskey in the 80´s when they obviously did not had any clue about the value of the painting? Could we have a new owner showing up? When you get burgled
I also saw the programme in Sweden (today). It seems very clear to me that the barrister Simon Murray is lying. He just happened to be in New York on holiday on the day of the sale?! Claims the painting was stolen yet there is no report of a theft. Never received the catalogue that the Sothebys sent? No-one took the calls from Sothebys. Hard to believe any of that. And anyway, what is beyond dispute is that his mother (who presumably DID get the calls, and DID get the catalogue) only changed her mind when she saw in the paper that it was worth 150 to 250 thousand dollars. And it is also beyond dispute that the family initially agreed to let the sale go ahead a day before but then reneged on that agreement at the last minute. Something fishy going on there. Presumably because Simon Murray assumed it might damage their claim to it if they weren’t the suppliers of it for sale. At one stage he says he was prepared to sell as they need the money to upkeep Myrtle House and would give a 25% – 30% finders fee. But then also claims it is a family heirloom and they will keep it. His story changed from day to day. And this from a lawyer. Rather disgusting how he never talked to the finder directly but did it all through advocates. Comes across as nasty, greedy and dishonest. Does rather confirm the reputation of lawyers as deceitful, untrustworthy and mercenary.
Hello from Cork, Ireland.
The painting was almost definitely thrown out, they (The Murrays) didn’t realise the value of it back in the 80′s, probably thinking it was just an old watercolour painted by Granny.
What thief would travel the two miles to the local rubbish dump to get rid of a painting, unless the thief was into recycling back then?
There were NO reported robberies in the local press at that time.
The value of the painting will rise considerably due to the publicity in the media and its new found provenance ( Thanks to the BBC’s Antique Show, Fake or Fortune and the Varney’s )
Murray will try to keep it now and sell it later to gain bigger profit.
The longer this goes on the better for the Murrays.
Murrays version of events is totally flawed and fabricated.
The world’s fine art auction house Sotheby’s will not be pleased by being called liars so Murray and Co. will probably have to go to rivals Christie’s to sell it unless the Varneys keep it then Sotheby’s will do just fine.
Rescue the ‘Children Under the Palm Tree’ three from Simon!
Free The Palm Tree Three!
In Ireland does the ownership of items disposed of at a waste site transfer in part or full to the public or private owners of said site? Also, if one removes item(s) from the site without the owner’s verbal/written consent, is one comitting an act of theft? This of course would have to relate to the laws governing said site at the alleged time and date the item(s) were found. Strange also that if a cleanout of the residence took place only one item was removed and dumped. Stranger still for the same reason if theft was the cause. There are at least two sides to every story and the more I look at this particular event the less feasible either side is becoming. I say, leave it to the courts to unravel this tangled web. Yours etc, JT Alton Esq.
The paintings were found NEAR the entrance to Youghal town dump on public property and were NOT removed from the waste site. The fisherman found the paintings by a public right of way beside the dump. The paintings were one of several items that were discovered by the fisherman Tony Varney. Nothing strange about that, very simple, he found them, he owns them. The last place to get anything resolved is the courts.
In the 1980′s the road where the painting was found was part of the dump. To the best of my knowledge, once dumped it becomes the property of the dump owner i.e. Cork County Council. I was once apprehended for trying to take something from a LA dump!!
Stories like this make me sick, finders keepers should be the outcome here.Why was the painting never reported missing or stolen- because it was probably thrown away intentionally. It is wrong that the blake family should try and reclaim ownership of something they disowned.
Does anyone on here come from near where the painting was found, do they know anything about the Blake family any people who used to work at the big house perhaps who remembers burglaries or clean outs?
Apparently the family had sale of goods in the 80′s
Does not the disposal of other Blake family items both during and posthumous of Lady Edith Blake prove precedent? Two volumes baring Lady Blake’s ex-libris were auctioned by Bloomsbury last year, the family photograph album was accessioned by the National Archives of Canada in 1986 and numerous other items previously belonging to the family are in institutions such as the National Museum of American Indian. It would be reasonable to assume then that the family sold or disposed of these items at some point during the 20th century. It would also be reasonable to assume that with these items were also the Homer and ephemera, perhaps via an estate sale taking place either at Myrtle Grove or in the local vicinity?
Some one local to the area must remember…..
The program made me feel sick to the core, my husband and I were so upset we couldn’t sleep. I find Simon Murray’s actions morally repugnant and I bet he makes more than the cost of the paitning very month let alone year. Disgusting.
I agree! Can’t someone local attest to the fact that they had a yard sale?
Ad hominem — arguing to the emotions and not to reason
Surely, in the absence of any evidence to the contrary, the Murray family must have the strongest claim of title over the work.
It must be clear that the work was once their property, there is no transaction recording any change of title.
Finders keepers? Please…
They sent people like Simon to Australia in chains. I saw the show last night 6 Sept 2011 it was broadcast by the ABC. An excellent show. I suspect that Simon made up some of the story as his body language didn’t seem to support his version of events. If he values the paint as family heritage then he should buy it at auction, unlikely though.
Do the bloody right thing Simon. Don’t come to Australia or if you do don’t publishise the fact that you are the [edit] Simon Murray who featured on the show.
Carbon date the pot , check shipping records of pot leaving the Bahamas,get writing analysis of family letter describing 3 kids and pot plant [edit................]why did female presenter baby sit Selina whilst male presenter went to Bahamas.did female presenter travel 3kms to Blake family home whilst keeping an eye on Selina .whilst in Bahamas did male presenter contact Simon Murray .but most incriminating is the fact that Selina was told initially by male tv presenter the value of the homer painting to be 30 thousand pounds,which happens to be the 25percent she was later offered .I smell a rat ,surely having identified it as a Winslow homer painting tv guy would know it to be worth much more .a bad reality tv program where the contestant Selina gets hauled over the coals and the ethics of the tv presenters ,media and producers are conveniently ignored .hypocrisy and quarrel everywhere .
I agree with pretty much everyone here, seems so unlikely that the painting was stolen, the real tragedy is some people will go so far as to threaten others through the auspices of local law enforcement and sue underprivileged people, the story for me quickly turned from a single mum in need of a few extra bucks, to the rank greed of a few in our society. You lost it Simon, just leave her alone.
No thief would bother to steal the printed notice of the exposition which was part of the Varney Find. Even if they had it by accident they would not keep it. The fact that it was still with the paintings says to me that it is very likely that the Blake forebear who sold some of her old books was also doing a clean-out. I think it likely that she gave the folder to a servant or helper. This person kept the material together and died. Somebody in Youghal was getting rid of that person’s effects and did not want to simply discard the paintings so PLACED them outside the tip gates. I have done the same with bits and pieces which I thought that somebody else could use.
I think that somebody in Youghal knows all about this business and should come forward and talk. Little Simon Murray won’t do it, but the results of a nice reward might see that justice gets done.
We saw this TV show this evening, and are appalled at the money-grubbing tactics of the lawyer Simon Murray. If the painting was a valued family heirloom, why was it thrown out? If it was stolen you can bet it would have been reported; it wasn’t. The fact there was no report of a robbery must mean that (1) It was thought of as worthless, possibly Lady Blake’s effort, and they just didn’t care, or (2) it might have been given to staff member who didn’t like it or died. The fact Murray could sit with the presenters and describe the painting from Blake family papers shows that was probably the first time he read them. I have also put things out, to one side, when I thought perhaps someone else might find use for them, so the Varney story checks out with me, and finally, the fact that the Varneys saved this painting when the Murrays obviously gave it away or threw it out means it belongs to Selina! Lawyers!!
We just watched this on the Knowledge Network, here in Canada, tonight Apr 9 2012.
In my opinion, as an artist myself, the descendants of the Blakes were in the moral wrong.
An artwork that has been discarded by the owners, as this was likely done as described in Allen Strike and Peter Bell’s posts above, also gives away the right to that artwork to any who wishes to find it and keep it.
Lesson learned, I hope for many – don’t underestimate the value of an original artwork (if you have one) by a living artist.
Julia Trops
The program was certainly educational and not just in the realm of art appreciation.
Finders keepers, losers weepers ?
In this case, it seems that both the finders and the ‘losers’ seem to be weepers.
Not to mention Sotheby’s.
Apparently, anything found is potentially game to be reclaimed.
For future ‘finders’, perhaps, when a possible ‘treasure’ is found , the finders should make a posting in the local paper ?
This might establish some sort of parameters re. ownership should no one step forward to claim ownership status.
It seems that this painting was not fully appreciated by either family until it was found to be very valuable.
Possible lesson ? If you have a painting and you like it, hang it and enjoy it !
That is its primary purpose.
Just saw the program at home in California. Hope Yougahl online covers the outcome of the litigation. Dying to know the result.
I just saw the program on KERA TV: very emotional and frustrating for the finders family. I hope they win. Simon has no decent proof that it was still his property and there was no proof that it was lost or stolen either.
Laws around the world vary, though. In Texas, finders cannot keep anything – basically, valuables, usually cash as my understanding is, have to be turned over to the state. Then they get listed online (sometimes forever) until someone claims them and they can prove it belongs to them.
This is an interesting article about it:
http://www.strasburger.com/calendar/articles/tax/fpk_tax02.htm
….
I worked for a company where a cleaning lady found $5,000 cash. She turned it to the manager and after a while the manager had to turn it to the state since there was no ownership claimed.
Is that a right thing to do? I am not sure. But it’s the law.
With tangible items though, the policy of the company was: we keep it in company safe until someone claims it for 30 days, then the finder has 30 days to claim it, then it goes to charity.
Or a dump.
Here we are in Jan 2013…has anything been decided on this?. I agree with Alan Strike. I have found more original paintings at thrift stores and you know someone has died and relatives have dumped old granny or aunties stuff off at the thrift store. I have purchased two framed paintings by well known local artists in my area and know that they were sold for 300 – 500 dollars at local art shows….The painting belongs to Salina. Perhaps the Murray’s could rent out rooms in their little house to help pay for the upkeep!