After reading the recent article regarding the affordable housing project between the Portsmouth Housing Authority and the Episcopal Church of New Hampshire, and the role of TD Bank as trustee, I’m left with serious concerns about how the bank interpreted its fiduciary responsibilities.
The land in question was conveyed to the church under the clear and express condition that it be used solely for church-related purposes.
This restriction forms a material part of the donation and must be honored as a matter of legal obligation and ethical stewardship. The donor’s intent was unambiguous: the property is to be utilized exclusively in furtherance of the church’s religious mission and operations. The reference that was made stating ‘a long-deceased person who conveyed the Lafayette Road property to the church in the 1960s’ has no bearing on how this conveyance should be viewed.
Any attempt to re-purpose the land for housing—particularly for use by third parties or for any purpose not directly aligned with the church’s religious function—would constitute a violation of the terms of the original donation. Such use would exceed the scope of the church’s legal right to the property.
Construction of housing should not proceed, as it contravenes the legal and ethical boundaries set by the donor, undermining the integrity of charitable giving and donor intent. The church is bound to uphold the intent of the donor and maintain the integrity of its obligations under the original conveyance.
I also saw no reference that any descendants were notified of this agreement or if TD Bank made any effort to reach out to them.
Judy Hiller
Portsmouth
