KANSAS CITY, Mo. — A Missouri judge has rejected arguments that a bank mismanaged the estate of American painter Thomas Hart Benton by selling his artwork for less than what it was worth and losing more than 100 pieces.
Judge Mark Styles ruled that there were only five Benton pieces for which UMB Bank could not be held accountable in the management of the Benton Trust. They were not paintings, but probably sketches or studies. KCUR FM reports.
The Jackson County Circuit Court judge awarded Benton’s heirs $35,000 on December 13, just a fraction of the $85 million the family sought in a 2019 lawsuit. The bank said in a statement it was pleased, but the family’s lawyers say they are considering an appeal.
“Despite the decision from this trial, we still strongly believe in the merits of the case for the Benton family,” said Kent Emison of the Langdon. & Emison law firm, which filed the case on behalf of the Bentons.
Benton, who died on January 19, 1975 in Kansas City, Missouri, is known for his depictions of life in the Midwest in the 20th century. His paintings and murals are in museums across the United States, including the Metropolitan Museum of Art, the Whitney Museum of American Art and the National Gallery in Washington.
One deal that came into question was the 1986 sale of Persephone, which depicts the Greek goddess resting naked while a farmer yawns, to the Nelson-Atkins Museum of Art for $2.5 million. At issue was the fact that a former chairman and board member of the UMB was a member of the board of the Kansas City museum at the time of the sale. But the judge found no evidence of anything improper.
“The notion that UMB undersold Benton’s artwork while serving as trustee of the Benton Trust is ultimately without merit,” Styles wrote.