LifeStyle Magazine - The Barnes Foundation Responds

The Barnes Foundation Responds

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Written by The Barnes Foundation

I write to correct some of the factual errors in LifeStyle Magazine’s August 2007 about the Barnes Foundation and the relocation of its art gallery. (“Barnes Foundation Update,” Maryanna S. Phinn) Contrary to the article’s assertion, Judge Stanley Ott of the Montgomery County Orphans’ Court did not “break the will” of Dr. Albert C. Barnes. Judge Ott carefully reviewed the indenture of trust – not the will, but the by-laws governing the Foundation – and found that this instrument allows the relocation of the gallery. In fact, a clause in the indenture explicitly establishes the option for such a move. Judge Ott concluded, as a matter of law, that “we can sanction this bold new venture with a clear conscience.”

LifeStyle Magazine quotes Jay Raymond, an activist opposing the Barnes Foundation, as saying there was no appeal or review of the Orphans’ Court decision. The state’s judiciary system was satisfied that Montgomery County Orphans’ Court had made no error. Therefore, the matter had been fully adjudicated.

The article refers to a now-discredited allegation against the board of the Barnes Foundation, charging that the trustees concealed knowledge of a state appropriation. The Foundation has carefully investigated this charge and found it devoid of merit. It is a suburban myth.

This piece refers to a series of band-aid methods to keep the Barnes in Merion. Even if they were successful, they would not resolve Barnes’ core economic situation. There is a proposal that the building be assigned National Historic Landmark status. There is another proposal for the Montgomery County Commissioners to float a $50 million bond issue. Under this proposal, the Barnes Foundation would surrender its buildings to the County, receive $50 million in return from the sale of bonds, and then be required over time to use that $50 million to pay back the bond holders. The proposal would in fact load the Foundation with new debt while depriving it of control of its property. Moreover, to service the debt it would take on, the Foundation would be forced into the perils of the financial markets.

Judge Ott heard many days of testimony. He permitted a deviation from the indenture on economic grounds. The trustees of the Barnes Foundation resolved unanimously to relocate the gallery as the only feasible way to ensure its economic health, its safety and integrity.

Judge Phyllis W. Beck
General Counsel and Secretary
The Barnes Foundation

Feedback from Friends of the Barnes

It was a huge thrill to receive the August issue of LifeStyle with the cover story about the Barnes Foundation and the group working to preserve it. Although much has been written about this controversy, this was the first time that a well written, reasoned article has appeared about the Friends of the Barnes Foundation. Maryanna Phinn's article, "Barnes Foundation Update" displays a keen understanding of the complex Barnes picture and we are most grateful for the intelligence she has brought to the public discussion.

With kind regards,
Evelyn Yaari for Friends of the Barnes Foundation

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