The following description for SCHLOSS THALWITZ has been prepared entirely by the current owner, Roberts S. Fastov, Esq., and, at the collector’s request, has not been edited by Sloans & Kenyon

 

 

Note 1) In addition to the Fuchs’ Gutachten, there are 15 other indicia of the authenticity and other factors, which unqualifiedly establish the authenticity of Mr. Fastov's Schindler painting, including the following:

1. The unqualified Fuchs' Gutachten was rendered by the author of not only the Fuchs’ catalogue raisonné, but the extremely well-respected, much relied upon by the art world and auction houses, highly detailed and lengthy standard 4 volume biographical reference work on 19th century Austrian artists, Die Österreichischen Maler Des 19. Jahrhunderts (The Austrian Painters Or Artists Of The 19th Century) (Wien [Vienna], 1972-1974).

2. Fastov found in the Fuchs' catalogue raisonné two paintings listed and illustrated as No. 898 and No. 899 therein, which were entitled “Schloss (Castle) Thalwitz,” and which depicted essentially the same landscape view of a castle, river and city in the distance with a shepherd and sheep on a bluff in the foreground, as Fastov's painting. No. 898 was a preliminary study for Fastov's painting, not No. 899, which was painted from a slightly different perspective further upstream and farther away from Schloss Thalwitz than Fastov's painting and No. 898. With respect to No. 899, Fastov's painting is a variant on No. 899, painted from a position closer to the river bed and farther upstream and lower on the (viewer’s) right bluff and disposing the shepherd and sheep in slightly different positions on the bluff than No. 899. Both No. 1899 and Mr. Fastov Schindler paintings are on wood panels of virtually the same size (69.2 cm. x 52.7 cm.) for Fastov's painting and (68.5 cm. x 53.5 cm.) for No. 899. Schindler thought well enough of No. 899 to sell it to certain Moravian officials to give as a gift to Kaiser Franz Joseph I (1830 –1916), Emperor of Austria, King of Bohemia, King of Croatia, Apostolic King of Hungary, King of Galicia and Lodomeria and Grand Duke of Cracow from 1848 until his death in 1916.

3. The Dorotheum auction house in Vienna sold more Schindler works than all of the other major auction houses combined (46 of the 72 sold post 1970 to c. 1994 or 62%), and had set the record prices for Schindler’s work, per Art Sales Index. Hans Fojtl, the Dorotheum’s chief specialist/expert in 19th Century Austrian paintings, advised Mr. Fastov that he had always relied on Fuchs as his Schindler expert and had never used or relied upon Dr. Gerbert Frödl (see below) during his 29 years with the Dorotheum.

4. The valid Schindler signature that is located in the lower right corner of the Schindler painting, has been subjected to and passed ultraviolet light tests, which show that the signature was not added post the execution of the painting. The signature is in original, unretouched condition.

5. Sotheby's New York catalogued and offered Mr. Fastov's Schindler painting as an authentic painting by Emil Jakob Schindler as lot 53 in its catalogue and sale of European paintings of October 24, 1989.

6. In a letter of June 15, 1986, Dr Gerbert Frodl, then head of the art department and subsequently Direktor of the Oësterreichische Galerie in Vienna, to Mr. Fastov, regarding his Schindler painting in which Frödl stated, in part, that: “I believe, as you do, that the painting ‘is of Schindler’s hand’ or ‘comes from’ or ‘originated from’ ‘the hand of Schindler,’ although the foreground with sheep and the representation of the water seems rather untypical of him...it seems plausible to me that the painting was created around 1880 (Emphasis added)."

7. Fastov's detailed Comparative Analysis Of Fastov's Schindler Painting And Other Authentic Schindler Works and other analysis contained in Fastov’s letter to Frödl of January 19, 1994 and Enclosure A and the Attachments thereto, specifically controverted and rendered irrelevant Frödl’s qualified assertion in his such June 15, 1986 letter, that “the foreground with sheep and the representation of the water seems rather untypical of him (Emphasis added)." and makes an extremely compelling case that Mr. Fastov’s Schindler painting is an unqualifiedly authentic work by Emil Jakob Schindler.

8. The stylistic and other technical aspects of Mr. Fastov’s Schindler painting are identical to those characteristics manifested in other comparable authentic Schindler paintings executed by Schindler circa 1880, see, e.g., No 898, Schloss Thalwitz (executed 1882) No 899, Schloss Thalwitz (executed 1882-1883) in the Fuchs’ catalogue raisonné.

9. The age, nature and size of the wooden support, aged original varnish and old and hard paint surface of Fastov's Schindler painting made clear that the painting was consistent with an execution date by Schindler of circa 1880, and, in all events, was clearly not a painting that had been recently executed by anyone, including a faker or painter of pastiches. Such a person would have had to possess an almost incredibly high level of artistic, technical skill, which is highly unlikely to exist. Moreover, the financial incentive for a faker or painter of pastiches to attempt such a complex, difficult painting did not exist in the early to mid-20th century, given the relatively low value of Schindler paintings during this period.

10. Fastov received a letter of March 18, 1993 from Phdr. Krízová, an expert on Czech castles, indicating that the city depicted in the distance of Mr. Fastov's Schindler painting was Karlsbad (or Karlovy Vary in Czech). The Fuchs' catalogue raisonné indicates that Schindler had lived and painted in Karlsbad in 1881, and that date is consistent with the views expressed by Fastov and Frödl in 1986 that Fastov's Schindler painting was possibly executed circa 1880 and the dates of execution that Fuchs assigned to No. 898 (circa 1882) and No. 899 (circa 1882-1883) in Fuchs' catalogue raisonné.

11. Auction officials advised Mr. Fastov that circa March 15, 1993, Frödl had orally promised them he would provide a written letter/certificate “positive” opinion of authenticity on Mr. Fastov’s Schindler painting to them, for which the auction officials had agreed to pay and absorb Frödl a fee estimated at £200-£250.

12. In a letter to Mr. Fastov of March 11, 1994. Frödl admitted that he had orally repeated to auction officials in March 1993 his written non-binding “positive” opinion of authenticity contained in Frödl's letter/opinion to Mr. Fastov of June 15, 1986; denied explicitly that he had ever provided such auction officials a non-binding or binding negative opinion on the authenticity of Mr. Fastov’s Schindler painting; and implicitly acknowledged to them, that he had provided a non-binding positive opinion on the authenticity of Mr. Fastov’s Schindler painting to Mr. Fastov.

13. In the lead paragraph No. 1 of Frödl's letter to Mr. Fastov of March 11, 1994, Frödl admitted that he was barred from providing “Gutachten (expertise or expert opinions) which serve commercial purposes that is benefit art dealers, auctioneers or private collectors when they sell or buy works of art (Emphasis added)" by Osterreichische Galerie quasi-legal policies and procedures. Such paragraph No. 1, in English translation, provides:

1. The Osterreichische Galerie in its capacity as a federal museum, as a matter of principle does not provide Gutachten (expertise or expert opinions), which serve commercial purposes, that is benefit art dealers, auctioneers or private collectors when they sell or buy works of art. This would not even be allowed. And I respect this rule. Of course, one of the tasks of the museum is to give non-binding answers to scientific requests, workload and time permitting, provided, however, that these requests not be based on commercial intentions. (Emphasis added.)

14. Nonetheless, it was claimed that Frödl was unable to provide Mr. Fastov with a binding opinion on authenticity, as Frödl never inspected the Schindler painting itself, and, an actual physical inspection by Frödl was a sine qua non and condition precedent to Frödl’s providing a binding opinion on authenticity. There is no credible evidence whatsoever that Mr. Fastov precluded Frödl from so inspecting the painting by refusing to make arrangements to ship his Schindler painting to Vienna for Frödl’s inspection. Rather, 3 letters written by Mr. Fastov during 1993-1994 make crystal clear that he was prepared to ship his Schindler painting to Vienna for inspection by Frödl or by Fuchs, if he so requested, and that Mr. Fastov was willing to accommodate Frödl’s inspection requirement by arranging for Frödl to come to London to inspect the painting, where the painting was in storage, and to make arrangements for the auction officials to pay for Frödl’s trip to London. Fuchs did not request Mr. Fastov to ship the painting to Vienna for his inspection, but provided to Mr. Fastov his Gutachten attesting to the unqualified authenticity of Mr. Fastov’s Schindler painting, based on several museum quality photographs and color transparencies of the painting taken by an experienced, former U. S. National Gallery of Art staff photographer, that Mr. Fastov had supplied to Fuchs, when he requested Fuchs to provide him an opinion on the authenticity of his Schindler painting. In 1993-1994, almost all experts in 19th century art were willing to provide opinions on the authenticity of a work of art, based on such kinds of photographs and did not insist on inspection of the work of art as a sine qua non or condition precedent to rendering such an opinion.

15. Most importantly, the auction officials with whom Mr. Fastov dealt in 1993-1994 maintained a list of outside experts with regard to 19th century Continental/European artists, in which Fuchs, not Frödl, was listed as their expert regarding Schindler works of art, not Frödl. Frödl, however, was listed as their expert regarding the works of art by Hans Makart, another Austrian 19th century artist.

16. Mr. Fastov's detailed Comparative Analysis Of Fastov's Schindler Painting And Other Authentic Schindler Works and other analysis contained in Fastov’s letter to Frödl of January 19, 1994 and Enclosure A and the Attachments thereto, make an extremely compelling case that Fastov's Schindler painting is an unqualifiedly authentic work by Emil Jakob Schindler. The contents of this letter, taken together with the Fuchs’ Gutachten and the 54 other indicia of authenticity and other factors set forth above make an iron clad case for the fact that Fastov's Schindler painting was an unqualifiedly authentic work by Emil Jakob Schindler.

Note 2) This painting has been the subject of a controversy with another auction house that occurred in 1993-1994 that was predicated on unfounded, factually unwarranted and readily controverted improper and irrelevant facts, issues and questions concerning the authenticity of Mr. Fastov’s Schindler painting. Sloans & Kenyon and Mr. Fastov assert with 100% certainty that this painting by Emil Jakob Schindler is authentic, with no mental reservations of any kind whatsoever, supported by the Fuchs’ Gutachten and the above 16 indicia of the authenticity and other factors, as well as extensive research and analysis. Sloan’s and Kenyon and Mr. Fastov unequivocally guarantee the authenticity of this painting and will make a full refund of the purchase price, if the purchaser were to produce evidence to the contrary, that is deemed credible and acceptable by Sloans & Kenyon and Mr. Fastov. If the reader wishes additional information concerning this controversy, please refer to the department.

 

Note 3) Per Askart.com, a very brief biographical sketch of Schindler:

 

 Emil Jacob Schindler, notable Austrian Impressionist painter born in 1842, was arguably the most important Austrian landscape painter of the second half of the 19th century. He studied at the Vienna Academy of Fine Arts under Albert Zimmermann, who also taught famed artists Eugen Jettel, Rudolf Ribarz and Robert Russ.

 

Categorized as both an early Expressionist or late Impressionist, he painted and designed decorative arts. Schindler was ahead of his time, and used his brush loose and unafraid. While other local artists like Jettel and Ribarz spent years in France and had been exposed to the “plein air” style, Emil Schindler was more influenced by his travel and study of 17th century Dutch painters. He moved away from the predominant Austrian “atmospheric realism” as it was taught at the Vienna Academy, and, through his study of Corot and Daubigny, developed a sketch-like style of painting he called “poetic realism.

 

Before his death in 1892, Schindler moved to the picturesque mansion in the Vienna Woods called Schloss Plankenberg. His talent was recognized early in his life, and he received an increasing number of honors throughout his career (Emphasis and bold face added).”

Note 4) Based on his extensive investigation of Schindler's works, including all of them in the Fuchs' catalogue raisonné, Mr. Fastov believes that “Schloss Thalwitz” is one of Schindler's most complex, creative and difficult compositions, and he succeeded extremely well. It is a beautiful and dramatic vista starting with the shepherd and sheep on a bluff in the right foreground, leading the eyes of the viewer from the shepherd and sheep, down the bluff; over the translucent quality of the low water level in the river, passing below Schloss Thalwitz, a 19th century castle, on the left bluff over the river in the upper left midground; Schloss Thalwiz itself; and passing over the river's waterfall cliff, leading to the distant view of the city, Carlsbad (Karlovy Vary) and mountains in the distance. In response to a letter written by Fastov, he received a letter, dated March 18, 1993, from PhDr. Krízová, a specialist in the history of Czech castles, who confirmed to Fastov that the castle or schloss in Fastov's Schindler painting was called Dallwitz (German) or Dalovice (Czech) and the city in the distance was Karlsbad (German) or Karlovy Vary (Czech) in West Bohemia. Dallwitz is a variant spelling of Thalwitz, used by Fuchs in his catalogue raisonné. Approximately ½ the paint surface is devoted to the sun's strong impact on the light and shadows in the painting, as it seeps through the very white multitudinous billowing clouds in the sky in the best tradition of Impressionist painting. Such sunlight renders the water in the river, which is at a low-level, translucent, and Schindler does an excellent job in showing the translucency of the water reflecting, in part, the sandy riverbed that underlies the low level river water. The reader must appreciate the perfect handling of perspective by Schindler in painting this vista from a high bluff hanging over the river and leading the viewer's eye over the different components of the subject matter to the vanishing point of Karlsbad and the distant rolling hills. What makes this painting so desirable for knowledgeable Schindler collectors is because it is one of the few times that Schindler painted such a complex composition and did so, from an elevated perspective and extremely beautifully, almost breathtakingly so. Almost all of Schindler's paintings in the Fuchs' catalogue raisonné on Schindler are painted from a perspective of eye level or slightly above eye-level and not from the highly elevated perspective on the bluff in this painting. Thus, this painting is not only of the highest quality and beauty in Schindler's oeuvre, but it is painted from a far more difficult perspective and is very rare in this respect and the nature of its composition. See below the photos of works by Schindler from the auction records of Artprice.com and other auction records, which make clear that all of these works of art, all of which sold for in excess of $100,000, and some which exceeded $150,000, all but one of which, were painted from a perspective of eye level or slightly above eye-level (See, e.g., “Landschaft Bei Hacking (Landscape At Hacking),” 39.38 in. x 29.25 in., (sold: $191,910) on 06/26/2007) and not from the highly elevated perspective on the right bluff in “Schloss Thalwitz.” While some of these paintings combine one or more human figures in a landscape/treescape setting, they are painted from Schindler's usual and less demanding eye-level perspective, and some are quite attractive, some are not that attractive, and arguably relatively boring Barbizon- style pure landscapes painted from an eye level perspective, See, e.g.,Sonnenuntergangsstimmung am Bachufer zur Herbstzeit mit Krähen“ (sold: $158,568) on 2/24/2005,  “Bauernhof bei Haslau“ (sold: $112,140) on 6/6/1998, “In der Praterauen“ (sold: $111,000) on 5/4/1993 and “An der Tulln bei Plankenberg” (sold: $120,200) on 11/18/1992. While most of the paintings are larger than the Schindler painting being offered, three are smaller, two considerably smaller: In der Praterauen,” 16 1/2 in. x 27 1/6 in. (sold:$111,000) on 5/4/1993; Bauernhof bei Haslau,” 19 7/8 in. x 15 in. (sold: $112,140) on 6/6/1998; and “Gäßchen In Ragusa (1883),” 15 3/8 in. x 9 1/2 in. (sold: $104,212) on 11-21-1991. However, with the exception of “Blick Auf Ragusa (c.1890),”. 55 1/8 in. x 70 7/8 in., (sold: $448,410) on 10/16/2012, which is considerably larger than Schloss Thalwitz, this auction painting, and certainly matches, and may well exceed the beautiful, dramatic long distance vista painted from an elevated position looking down on the vista, none of these paintings presents the dramatic, complex, beautiful sweeping vista of “Schloss Thalwitz,” painted from an elevated position looking down on the vista and do not display the kind of complex artistic composition or artistic virtuosity manifested by “Schloss Thalwitz.” For all of the foregoing considerations and the Artprice.com Schindler auction records and other auction records (below), warrant the conclusion that the above presale estimate of $125,000-$175,000 for “Schloss Thalwitz” is reasonable and justified, given that “Blick Auf Ragusa (c.1890),” very recently brought, $448,410 on 10/16/2012 and was considerably larger than Schloss Thalwitz, which is a far more complex, sophisticated composition than Blick Auf Ragusa (c.1890),” which is a pure landscape/seascape and which lacks the compositional complexity and the superb demonstration of artistic skills, as is found in “Schloss Thalwitz.” In Schindler’s complex, sophisticated composition, in “Schloss Thalwitz,” he guides and leads the viewer’s eye over a shepherd and sheep in the rocky foreground on the right side bluff overhanging the stream with its translucent water and a subtle depiction of the underlying stream bed, across the stream to the tree-covered bluff on the other side of the stream and on to Schloss Thalwitz, perched on the top of the left bluff, on through to the waterfall at the end of the stream’s downhill run and the city of Karlsbad in the mid-distance framed by the tree-lined left bluff, ending with the rolling hills in the far distance, all of which are depicted under a canopy of rolling fluffy clouds on a sunny day that fills the top half of the painting.

 

Description: Dorotheum, Vienna - View of Ragusa

Title/Subject: Blick Auf Ragusa (c.1890) Signed. Oil on canvas. 55 1/8 in. x 70 7/8 in. sold for $448,410 on 10/16/2012 at Dorotheum, Vienna, Austria

 

 

Description: http://imgprivate.artprice.com/img/lot/Nzc5NTYwNDQ5MTk5MDI5ODIt/MDA4ODE1NDkzOTkxMzY1NzEt?idlotimage=Nzc5NTY2NTQ0MjQ1MTY2NTIt&f=350

Title/Subject: Sonnenuntergangsstimmung Am Bachufer Zur Herbstzeit Mit Krähen Signed. Oil on canvas. 39 3/8 in. x 29 1/3 in. sold for $158,568 on 2/24/2005 at Neumeister, Munich, Germany

Description: http://imgprivate.artprice.com/img/catalogue/NDE0MDI0MjU4MTI4MDcwMy0=/ODg2NjAwMDc3ODkzNzQ0Nzc3MS0=?page=17

 

Title/Subject:  Bauernhof bei Haslau Signed. Oil on canvas. 19 7/8 in. x 15 in. sold for $112,140 on 6/6/1998 at Wiener Kunstauktionen, Vienna, Austria

Description: http://imgprivate.artprice.com/img/lot/MDEzNzI4MjI1MzMyOTEt/Nzg0NDc1MTI0OTA2Njg2Mjc1MS0=?idlotimage=MDEzNzI2MzY5MDk2MTEzLQ==&f=350

Title/Subject: In der Praterauen Signed. Oil on panel. 16 1/2 in. x 27 1/6 in. sold for $111,000 on 5/4/1993 at Dorotheum, Vienna, Austria

Description: http://imgprivate.artprice.com/img/lot/NTQyMTM1NDkyNDY2NDMyMTEt/NTQyMTM1ODQzNzAzODE4NjgwMS0=?idlotimage=NzcxMzc4Mjc3NzQzOTExMzIt&f=350

Title/Subject: An der Tulln bei Plankenberg (1890) Signed. Oil on panel. 30 1/3 in. x 40 1/2 in. sold for $120,200 on 11/18/1992 at Dorotheum Vienna, Austria

Description: 1

Title/Subject: Gäßchen In Ragusa (1883) Signed. Oil on wood panel. 15 3/8 in. x 9 1/2 in. sold for $104,212 on 11-21-1991 at Dorotheum,Vienna, Austria