English Translation

3 Fideikommiss continued in Austria with regard to the gallery and this question had already been clarified by the (Austrian) Supreme Court. Franz Jaromir Czernin died childless on 9 April 1932 and had appointed his nephew and adopted son Eugen Czernine (1892-1955) as the Alloderben. After further legal proceedings before Czechoslovak and Austrian courts – apparently inspired by a letter from Hans Sperl of 27 December 1932 – from January 1933 between the Alloderben Eugen Czernin and the Fideikommisser Jaromir Czernine began discussions about a possible comparison. As a result of these discussions, a letter dated 23 January 1933 was sent to the Czechoslowak and the Austrian courts. In February 1933, an agreement was signed which, under certain conditions, also made possible in Austria by the (Austrian) federal law on the Fideikomisregierung, BGBl. 258/1932, provided for the dissolution of the Fdeikomisse. Under this agreement, the property of the present painting was to be owned by Jaromir Czernin, who was to pay 20% of the proceeds of the intended sale to Eugen Czernine. Eugen Czernin was to receive the rest of the gallery. However, the execution of this agreement failed in the First Republic due to the opposition of the Federal Monument Office (or. the later Central Agency for the Protection of Monuments), which took part in several meetings in which, among others, the legal representatives of Jaromir Czernin, Eugen Czernine, the Federal Ministry of Justice and the German Federal Ministry for Education, spoke out against the export permit required for the sale of the present painting abroad (see below). With regard to the Fideikommissis, with the "Connection" of Austria to the German Reich of March 1938, a substantial change occurred insofar as by § 1 of the (German) Reichsgesetz on the extinction of the Fdeikommis, dRGBl 1938 I, p. 825, and GBlÖ 254/1938, the disappearance of the still existing family fideicommissis with 1. According to § 11 leg.cit., between the extinction of the Fideikomisse and the granting of a Fideikamisse by the Fdeikomisesgericht, the existing restrictions of disposal for the Fadeikomesse owner were still valid.) Apparently in connection with the forthcoming dissolution of the Fideikommisse, the Federal Monument Office issued a notice dated 7 January 1939. On 19 May 1939, by order of the Fideikommiss-Senate of the Higher Regional Court of Vienna, Jaromir Czernin's declaration of inheritance was accepted as a primogeniture-fideikommiss heir and his inheritance law was recognized as recognized. A claim by Eugen Czernin for a guarantee of claims arising from the comparison of the