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Art Law Keyed to Gerstenblith, 4th Ed.
Commonwealth of Pennsylvania v. Barnes Foundation
Citation:
159 A.2d 500 (1960)Facts
Dr. Albert C. Barnes established the Barnes Foundation in 1922 through a trust indenture, transferring his valuable art collection, property, and endowment to create an institution dedicated to education and appreciation of fine arts. The indenture specifically provided that after the deaths of Dr. Barnes and his wife, “plain people” who earn their livelihood through daily toil should have free access to the art gallery on designated public days. The Foundation was judicially recognized as a public charity in Barnes Foundation v. Keely (1934), entitling it to tax exemption. Despite this status, the Foundation’s officers and trustees consistently refused to admit the general public to the art gallery. The collection includes over one thousand paintings by masters such as Renoir, Cezanne, Matisse, Picasso, and numerous old masters, with an estimated value of twenty-five to one hundred million dollars. The Foundation claimed its primary purpose was educational instruction rather than public exhibition, arguing the art gallery was merely incidental to teaching activities.
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