Lincoln University May Fight for Control of Valuable Art, Judge Says

PHILADELPHIA

A judge ruled last month that Lincoln University, a historically Black college outside Philadelphia, may fight a court petition that would dilute its control over a valuable, world-renowned collection of art.

Lincoln opposes a petition by The Barnes Foundation that would eliminate Lincoln's long-standing majority on the foundation's board of trustees. The petition also would move the Barnes' collection of Cezannes, Picassos, Renoirs and van Goghs from a Philadelphia suburb to the city.

Montgomery County Orphans' Court Judge Stanley Ott ruled that Lincoln has legal standing to fight the Barnes' petition at trial. Ott ruled against three art students who also sought standing to oppose the petition. He also refused standing to the Violette de Mazia Trust, which runs art classes at the Barnes but has had a rocky relationship with foundation officials, nor to Ronald W. Taylor, a retired art teacher and former Barnes student.

The Barnes Foundation wants to move the art to Philadelphia's museum district so that it can attract more patrons and shore up its shaky finances.

Such a move is forbidden by the intricate will left by Dr. Albert C. Barnes in 1951; the document said he wanted the art to stay in a gallery in suburban Lower Merion Township. The will also empowered Lincoln University to nominate four of the foundation's five trustees.

The proposal submitted by the foundation in Orphans' Court would move the art and increase the number of trustees to 15, with Lincoln still nominating four.

Barnes officials called Ott's ruling a "significant legal victory" because it eliminated three of the four parties seeking to quash the petition.

"Relocating the main collection and expanding the board are vital changes that are necessary to ensure the survival of The Barnes Foundation," says Bernard Watson, president of the Barnes board.