French Supreme Court Rules on Picabia Moral Rights Devolution

In a landmark 1996 ruling, France's Cour de cassation determined that Francis Picabia's universal legatee, his widow Olga Molher, holds exclusive moral rights to his oeuvre, even against reserved heirs. Picabia (1879-1953) married Molher on June 14, 1940, in Calamane, where they sheltered during WWII. He died in 1953, naming her universal legatee with a charge to deliver specific paintings. After a 1975 appellate decision on material assets, three grandchildren from Picabia's first marriage claimed moral rights in 1991. Olga sued, and the Paris tribunal de grande instance ruled in her favor on February 11, 1993. The Paris court of appeal reversed on June 21, 1994, but the Cour de cassation reinstated the original decision on December 17, 1996, holding that moral rights pass with the universal legacy. This position was reaffirmed in the 2013 Zadkine case, though subsequent rulings suggest reserved heirs cannot be excluded unless expressly disinherited.