Well, it seems that the drama about the Corcoran Gallery of Art is not yet over. It may not become part of George Washington and the National Gallery of Art after all. Because the courts have finally allowed some students to take action against this crime (in my humble opinion) against Art.
First of all, you should know the DC Attorney General is supposed to make sure that public interest and donors intent are paramount when a charitable institution has to close. I didn’t think that was happening in this case, at all. (It actually is a requirement that a charitable institution have a “living will” that insures that the assets of the foundation are properly distributed to institution with similar intent. Without such information, the IRS won’t approve the 501(c)3 designation.)
This doctrine is known as cy-près doctrine (it’s pronounced see-pray). It requires that charitable trusts, when they can no longer perform as intended or are subject to changes in their operations, must insure that all actions are in concert and in compliance with the original intent of the testator or settlor. To anyone but the George Washington University and the National Gallery of Art (which are licking their chops at the deal they managed to obtain), the proposed transfer of assets is not the intent of the founders of the museum and school of art. (I am not inventing facts, folks. William Corcoran specified in his 1869 deed that there shall be “the perpetual establishment and maintenance of a Public Gallery and Museum” to house his treasures. Spreading the art across America is clearly a deviation of this charter.)
During this current trial, it became obvious that the National Gallery of Art has more than an inkling that this deal is not quite kosher. Why would I say that? Because not one soul from the National Gallery of Art appeared in court (during the trial) to present the case of disposing and “dispersing” of the Corcoran art treasures.
There always were individuals willing to step up to the plate to insure the Corcoran would stay the Corcoran. For example, Wayne Reynolds volunteered to become the chairman (he has experience- he headed up Ford’s Theater in DC) and he listed 23 well-endowed supporters who would ante up the funds to keep the Corcoran going.
Of course, without choosing a director who understands the mission of the museum and school and has experience in such an enterprise would have to be the first step in any potential recovery. As I wrote before, this has been lacking at the Corcoran for about two decades now.
It’s up to Judge Okun now. Let’s hope he won’t cave. Because we need to support institutions with the aim of “encouraging American genius”. (Believe it or not, that is part of the Corcoran charter!)
