Lawrence.com

Philadelphia — The tug-of-war over who owns a celebrated glass mosaic designed by Maxfield Parrish and Louis Tiffany could turn on a secret legal agreement revealed in a surprise court action by four schools.

The "Dream Garden" mosaic, a 5-ton mural of 100,000 hand-fired pieces of glass in 260 color tones, is estimated to be worth $20 million. In 1916, it was installed in the lobby of what was then the Curtis Publishing Co., near Independence Hall.

For three years, the mosaic also has been the focus of a dispute between four educational institutions and the estates of the late art patron John Merriam and his wife, Elizabeth, who, as owner of 41 percent of her husband's estate, wanted the mural sold. The institutions, as 59 percent owners of the estate, want the mosaic to stay put.

"We support a solution that leaves the mosaic in a public venue in Philadelphia," said Peter Erichsen, lawyer for the University of Pennsylvania, one of the four schools.

In a twist, the groups filed motions Friday in Montgomery County Orphans Court to have the mural removed from John Merriam's estate, now controlled by his late widow's estate. Elizabeth Merriam's estate filed a motion the same day challenging the agreement as not valid.

In their filing, the schools revealed the existence of a previously unknown legal document they contend makes them majority owners of "Dream Garden."

The agreement was signed by Elizabeth Merriam and the four schools on Feb. 20, 1996 � apparently to resolve a will dispute � and appears to grant the schools, as majority holders, the right to distribute any assets that remain unsold after two years from the date of signing. The "Dream Garden" is the only item that has not yet been sold.

"Dream Garden," created by Philadelphia-born Parrish and glass artist Tiffany, was based on an oil painting and commissioned by the Curtis Publishing Co. The pink and purple landscape of trees, flowers and waterfalls shifts due to the placement of glass around the mosaic.

When Merriam died in 1994, his widow became sole executor of his will and received 41 percent ownership of the $119 million estate, including the mosaic, which is listed at $4 million. John Merriam gave the four schools� the University of Pennsylvania, Philadelphia Academy of the Fine Arts, University of the Arts and Bryn Mawr College � 59 percent ownership of his estate, which also includes significant art and property.