Safeguarding Donors’ Wishes

A battle has broken out because a public-school district in Mamaroneck, N.Y., wants to to move a park donated by a couple as a memorial to their son and other Mamaroneck residents who died in World War II, reports The Wall Street Journal.

The deed to the property, however, says the land was to be used, “in perpetuity for public and school uses as a memorial,” and now the donors’ grandson is battling the courts to protect his grandparents’ wishes. The school district wants to move the park so it can build a playing field.

The case demonstrates why donors need to be aware that their wishes could be disregarded over time, unless they protect their donations with contracts and other enforcement mechanisms that spell out what happens if an institution decides to use the money for another purpose, Ralph Engel, an estate lawyer, told the newspaper.

Read The Chronicle of Philanthropy’ s article about the legal steps donors are taking to protect their wishes. (A paid subscription is required to view these articles.)