AGO 1990-001.

• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-001. 1990John T. Casteen, IIIPresident, University of Connecticut352 Mansfield RoadStorrs, CT 06268 Dear President Casteen: You have requested our advice on a question concerning the use of real property in Granby which was received by the University of Connecticut (hereinafter: "the University") in 1976 as a gift from Laura and Tudor Holcomb. Specifically, you ask whether use of the property as recommended by a consultant would be consistent with the terms of the deed to the University from the grantors. For the reason set forth below, our advice is that the recommended use is not consistent with the restriction placed by the deed on the use of that portion of the property known as the "family farm." The property in question is about 335 acres. It consists of seven parcels which the deed groups into two categories: l) the Newton farm and 2) the family farm. The Newton farm comprises approximately 147 acres. The deed places no restriction whatsoever on the use to which the University may put this portion of the property. Accordingly, your question is inapplicable to the parcels which constitute what the grantors refer to as the Newton farm. The family farm comprises approximately 188 acres. The deed provides that the family farm "is to be used to further programs of the University of Connecticut College of Agriculture and Natural Resources including protection of wildlife, the improvement of farming operations, arboretum purposes, development of crops, research involving animals and birds, and the like." The gift is for educational purposes and, therefore, is a charitable gift. Lockwood v. Killian, 172 Conn. 496, 500, 375 A.2d 998 (1977). It is also a gift for public purposes as the University is a public institution. Klein v. City of Bridgeport, 125 Conn. 129, 13l, 3 A.2d 675 (1939). As such, the University holds the family farm subject to Conn. Gen. Stat. e 47-2 which provides, All estates granted for the maintenance of the ministry of the gospel, or of schools of learning, or for the relief of the poor, or for the preservation, care and maintenance of any cemetery, cemetery lot or monuments thereon, or for any other public and charitable use, shall forever remain to the uses to which they were granted, according to the true intent and meaning of the grantor, and to...