The last years of John Olsen’s long life were overshadowed by a vicious family dispute that saw the acclaimed artist take on his stepdaughter in court.
Olsen, who died Tuesday at age 95, sued Karen Howard Mentink in 2019 for unscrupulously purchasing money from the estate of her mother – his fourth wife Katharine Howard-Olsen.
New South Wales Supreme Court Justice John Sackar ruled that Mentink improperly influenced the terminally ill Howard-Olsen to receive a gift of $2.2 million shortly before her death three years earlier.
Justice John Sackar ruled that Mentink was “actively involved or watching and doing nothing” when she accepted the “extraordinarily large” gift, knowing of her mother’s illness, changed behavior and fear.
“It was an act of self-indulgence, somewhat callous and extremely selfish on the part of the defendant,” said Judge Sackar.
The last years of John Olsen’s long life were overshadowed by a vicious family dispute that saw the acclaimed artist take on his stepdaughter in court. Olsen on Tuesday 95 years old
“The defendant did not take the opportunity to suggest to her mother that she seek independent advice or speak to anyone else in the family about such a great gift.”
At the time of the first trial, Mentink was 58 and Olsen 91. The hearing took place at Moss Vale Court House in the Southern Highlands, near Olsen’s home in Bowral.
Howard-Olsen, who had been married to the Archibald Prize winner for 27 years, had withdrawn $2.2 million in October 2016 and given the money to her daughter. She died of cancer two months later.
Justice Sackar, who described Mentink as “a very unsatisfactory witness,” upheld Olsen’s claim that she received the huge sum for “undue influence or lack of conscience” over her mother.
Mentink subsequently appealed that decision, with her attorney Raoul Wilson SC arguing there was no evidence she initiated the gift or influenced Howard-Olsen.
“It was the result of the free will of the deceased,” Wilson said in May 2020 written submissions to the Court of Appeals.
Olsen sued Karen Howard Mentink (above) for unscrupulous purchase of $2.2 million from the estate of her mother – his fourth wife Katharine Howard-Olsen
Mentink had challenged the decision on 12 grounds, claiming that Judge Sackar had mistaken some of his findings.
“The first judge should have found that the transfer of $2.2 million to the appellant was a gift resulting from a free and informed judgment by the deceased,” the grounds read.
Mark McCulloch SC, for Olsen, said that for Mentink’s appeal to succeed she “must show that the first judge erred with respect to no fewer than 20 factual findings.”
McCulloch said none of Mentink’s challenges provided a compelling reason why Judge Sackar’s finding of fact contained errors.
“On the contrary, a fair reading of the entire verdict would give the court an overwhelming sense that the first judge has discharged his duties impeccably,” McCulloch said.
The Court of Appeal rejected Mentink’s appeal against the original verdict in August 2020 and ordered her to pay her stepfather’s costs.
Justices Anthony Meagher, Anthony Payne and Arthur Emmett said Judge Sackar’s findings of unconscionable behavior were supported by oral evidence, probabilities and contemporaneous documents.
Olsen, whose painting career spanned more than 60 years, is one of the few artists to have won the Archibald, Wynne and Sulman Awards and his work hangs in international galleries
They also ruled that Judge Sackar had not erred in concluding that the $2.2 million gift transaction was not fair, reasonable, and just.
Olsen’s son Tim, a prominent gallerist, said after the decision that ‘John will have a good night’s sleep, which he hasn’t had in a while’.
Olsen Jr. said the four years since the death of his father’s last wife had been “very hard” and “for John it was a very sad experience.”
“He’s happy, but he’s not jumping up and down to celebrate,” he told the Sydney Morning Herald. “He takes it very humbly.”
Olsen, whose painting career spanned more than 60 years, is one of the few artists to have won the Archibald, Wynne and Sulman Awards and his work hangs in international galleries.
He won the Archibald for Self-Portrait Janus-Faced in 2005 and the Sulman Prize for Don Quixote Enters the Inn in 1989.
Olsen won the Wynne Prize twice – for The Chasing Bird Landscape in 1969 and A Road to Clarendon: Autumn in 1985.
Perhaps his most famous work, Salute to Five Bells, hangs in the Sydney Opera House. A tribute to Olsen’s career will be blasted onto the sails of the landmark building next month during the Vivid Sydney festival.