Living with History: The Story of the Last Heir to a Nazi-Looted Pissarro Painting
The Cassirer Case: Art, Justice, and Legacy
The story of Camille Pissarro’s “Rue Saint-Honoré, dans l’après-midi. Effet de pluie” (1897) transcends the canvas on which it was painted. More than a seminal work of French Impressionism, this painting has become emblematic of the decades-long quest for justice by the Cassirer family, whose lives were tragically altered by the Nazi regime. What began as a private tragedy has evolved into one of the most significant legal and moral tests of recovering Nazi-looted art in modern history.
A Family’s Cultural Legacy and Loss
The Cassirer family, once among the most prominent cultural patrons in pre-war Berlin, were pioneers of the modern art movement. Through their Berlin-based publishing house and gallery, Kunst and Künstler, the Cassirers championed avant-garde artists and helped define early 20th-century aesthetics in Germany. Their wealth, initially generated through mining and steel, empowered their cultural pursuits and solidified their place among the European elite.
But their lives were forever changed in 1933 when Adolf Hitler rose to power. Despite being fully assimilated German Jews, the Cassirers soon recognized the growing threat and began making efforts to leave the country. Their escape, however, came at a steep cost. Like many Jewish families, they were forced to pay the Reichsfluchtsteuer, a crippling “escape tax” which often involved surrendering property and valuables. Among the items forcibly relinquished was Lily Cassirer’s beloved painting by Pissarro, acquired as a wedding present in 1900.
The painting, traded and transferred under duress, was classified as looted art — one of hundreds of thousands of cultural artifacts misappropriated by the Nazis.
An Unexpected Discovery
Claude Cassirer, Lily’s grandson and a Holocaust survivor himself, had built a new life in the United States, working as a photographer. It wasn’t until 1999, nearly six decades later, that a family friend spotted “Rue Saint-Honoré” in a catalog for a Spanish museum exhibition. The painting had ended up in the collection of the Thyssen-Bornemisza National Museum in Madrid, owned by a foundation tied to the Spanish government.
Thus began a legal battle that has lasted over 25 years, involving international law, sovereign immunity, and complex questions about art ownership.
Legal Wrangling and the Supreme Court
Claude and his descendants, including current heir David Cassirer, initiated legal proceedings against Spain and its museum beginning in 2005, seeking the return of their family’s property or compensation. However, the legal path has been anything but straightforward. Central to their struggle has been the problem of “choice of law” — whether Spanish or American law applies to the case. Given that Spain refuses to return the artwork under its domestic laws, which recognize the concept of acquisitive prescription (ownership after a certain period), applying U.S. law could make restitution far more likely.
The case reached the U.S. Supreme Court in 2022, where the justices unanimously ruled to send it back to a lower court for a rehearing based on American legal standards. It marked a significant — though not final — victory for the Cassirer family.
California Steps In: Assembly Bill 2867
In 2024, California introduced and passed Assembly Bill 2867, aimed at addressing restitution claims for personal property lost due to persecution, including during the Holocaust. The bill effectively broadens the window for heirs to file claims and provides a more favorable legal environment for restitution efforts within the state.
This bill was introduced in direct response to the complications faced by the Cassirers and sets a vital precedent. On April 30, 2025, the Ninth Circuit Court of Appeals remanded the case back to District Judge John Walter, indicating that yet another chapter in the long history of this case remains to be written.
The Moral Argument
For all the legal back-and-forth, the Cassirer case ultimately centers on the question of moral ownership. Is it justifiable for a public institution to retain possession of property known to have been stolen during the Holocaust? The Thyssen-Bornemisza Museum has maintained that it acquired the Pissarro in good faith, while critics argue that retaining looted art perpetuates the trauma inflicted by the original theft.
Making matters more contentious is the museum’s continued promotion of the painting, including using it as the centerpiece of a major exhibition, “Proust and the Artists,” in 2025. This move, viewed by many as provocative and insensitive, drew strong condemnation from the Cassirer legal team and Holocaust restitution advocates.
A Legacy in the Making
David Cassirer, the last surviving heir of this case, lives today in quiet reflection in the Colorado mountains. A former jazz pianist with a lineage steeped in art and intellectualism, he continues to fight not just for a painting, but for historical justice