An emerging plan to sell 99 acres of a North Shore forest owned by Harvard University is running into trouble with a top court official in Suffolk County who says the sale might violate the will of a former mayor of Boston who donated the land decades ago.
Richard Iannella, the Suffolk County Register of Probate, said Harvard would have to persuade a judge to revoke the trust of former mayor Nathan Matthews to let a sale go through. Iannella said he read Matthews's will after the Globe reported Saturday that Harvard had indicated it may want to sell the property, which is in the town of Hamilton.
Matthews bequeathed the land to Harvard College under the condition that it be maintained as an "experimental station in forestry for the benefit of all persons and institutions in New England." That restriction, included in Matthews's 1927 will, was also written into the land's deed.
"The only time in life you get it your way is with your will," Iannella said, explaining that critics would have a chance to make their case in court if the sale ever gets that far. "The residents of the town who don't want to see it sold are holding the cards in their hands at this point."
Harvard would have to file a general petition in a Suffolk County court to request that the trust be revoked.
"In order to have it revoked, you have to have good cause," Iannella said. "I can't answer for Harvard, but what's their good cause? They don't have money to maintain it?"
The Globe on Saturday detailed an intense, behind-the-scenes battle by preservationists and college alumni to ward off a sale of the property, known as Harvard Forest. Local preservationists say that the director of Harvard Forest toured the property in October with an official from The Trustees of Reservations and indicated then that sale of the property was being considered.
The Trustees of Reservations is a nonprofit that has preserved about 25,000 acres of open space statewide.
Wesley Ward, the trustees vice president of land conservation, confirmed the initial discussions, but would not elaborate, saying the discussions with Harvard were "informal and confidential."
No purchase price or details of any potential sale have been disclosed by Harvard officials.
But others in Hamilton's tightly knit preservation circles said the discussions have progressed so far that the trustees are already talking about selling some of the forest, potentially to developers, to help offset the cost of the purchase.
The land, known for its vibrant flame azalea and stands of Douglas fir, is near the exclusive Myopia Hunt Club. Local preservationists say they believe Harvard intends to sell the property to invest the money in its main campus for forestry research in Petersham, about 70 miles west of the university's Cambridge campus.
Robert Mitchell, a spokesman for the university, did not return a call for this article. He did, however, issue a statement for the Globe's story last week, but declined to answer questions.
"In response to an abutter's inquiry, regarding their acquisition of a small piece of the property, Harvard Forest initiated an evaluation of our property in Hamilton," he said. "The situation is proving very complex and this evaluation is ongoing."
Still, some residents and preservationists are so convinced that Harvard intends to sell the property that they have started lining up funds for a coalition of conservation groups to make a bid for it. They are also researching state law on charitable gifts.
John Hamilton, a lawyer and Harvard graduate who lives in Hamilton, points to a little-known chapter of the state constitution dating back to about 1780 that specifically notes gifts to Harvard.
Under chapter five titled "The University at Cambridge, and Encouragement of Literature," the state constitution states that all "gifts, grants, devises, legacies and conveyances" are "forever" given to Harvard College according to the "true intent and meaning of the donor or donors."
Hamilton said the way he reads it, the state constitution would trump any plan of Harvard's to sell its forest.
"This constitutional provision provides a powerful indication of the intent of the founders of the Commonwealth that Harvard obey the instructions of donors," he said.
Kay Lazar can be reached at klazar@globe.com
