A legal battle waged between the Estate of Riven Flamenbaum and the Vorderasiatisches, a German museum, each claiming title to a 13th century gold tablet which had last been seen prior to World War II on display at the museum has, for the moment, been resolved in favor of the estate. On March 30, 2010, Nassau County Surrogate John B. Riordan allowed the Flamenbaum estate to retain possession of the tablet, holding that the doctrine of laches barred the museum’s claim.1 The museum has appealed.
The facts presented to the Nassau County Surrogate’s Court in In the Matter of Flamenbaum2 are more like those that capture our imagination when sitting in a movie theatre, bucket of popcorn at the ready. What is at stake, however, is far more compelling than the outcome of a Saturday matinee. The decision, currently on appeal (but as of this writing, not yet perfected) may have a tremendous impact on the body of law that governs the return of artifacts obtained during wartime, especially when these claims are asserted years later, after the death of citizens who have held the artifacts for decades and without any prior claim made or registered by the person and/or entity making claim against the estate.
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