Benjamin Ames Kimball

Gilford's Decrepit Kimball Castle For Sale To Fund Wildlife Sanctuary
Town Needs Money To Create Preserve Stipulated in Trust
By Paula Tracy

Gilford - Kimball Castle is being offered for sale by the board of selectmen with the intent that proceeds go to fund a 253-acre wildlife sanctuary on the property.

The aging stone fortress off Locke's Hill Road, built at the turn of the century by railroad magnate Benjamin Ames Kimball, has become a source of concern for both residents and police.

The castle, with its caretaker's house, carriage house, ice house and 265 acres of hillside overlooking Lake Winnipesaukee, was left in a trust by Kimball's daughter-in-law in 1960 with the stipulation that the land be used to promote wildlife conservation.

According to Town Administrator David Caron, that cannot now be done because there is no money in the trust.

The trust was primarily the unoccupied buildings and property, initially left with the Mary Mitchell Humane Foundation, based in Boston.  But when it was discovered by the state Attorney General's Office that the foundation was looking to subdivide the property, selectmen voted for acceptance of the trusteeship in 1978.

In the following year, voters at town meeting agreed to accept the property, "To maintain an open area" but with the stipulation that no town funds be used for its upkeep.

Police Chief Evans Juris indicated the property been a source for wildlife but the unlawful type.

In the past six weeks, he said, he has taken at least 11 people into custody for violating the posted "no trespassing" signs by entering the old castle.

"It's considered a safety hazard," he said.

Caron said it would be violating the spirit of the trust to level the ornate structure, "But the residents of the town want to see that castle restored."

He said since the mid 1980s, the town has tried to attract a person or a company to restore the castle - perhaps for use as a museum - and maintain the spirit of trust by preserving the surrounding property.

"We've found it's a tall order that people aren't willing to fill," said Caron.

Now that the town and Attorney General's Office recognize it would be difficult to get someone to do this, the town is proposing to subdivide 13 acres with the buildings adn use the proceeds to set up a trust for the land maintenance.

He said the Attorney General's Office - which oversees all charitable trusts in the state - has agreed to recommend the move to the Belknap County Superior Court once a buyer is found.

William Cullimore, director of charitable trusts at the Attorney General's Office, said there was still some work to be done before the matter goes to court.

"The principle problem the trust has is that the land was given to the trustess but there is no trust fund to support the activities on the land," he said. "This is basically a last ditch effort to create a fund by the transfer of a part of the land which has the castle itself on it... so that a fund can be established."

Asked if selling even a portion of the property is violating the spirit of the trust, Cullimore said the courts have developed the doctrine of cy pres to modify trusts when original purposes can't be carried out.

"That appears to be the case here.  I can't see into what was in her head.  Was that her specific intent?  It's quite evident from events of the last 20 years, its impossible to carry out the purposes she might have wished," without a separate trust fund for the upkeep of the land.

The house itself has been vacant for about 30 years, and it shows visible signs of deterioration.  The grand ballroom has a pile of beer bottles and broken mortar and wood.  The windows have all been broken out.  Even the trees have grown up to block the view.  but beautiful hand detail on the wood and magnificent doors and stonework remain.

Caron said the property has been advertised regionally and nationally for about two weeks.  he said he has had six inquiries, primarily from people looking to use the property as an inn or bed and breakfast, or as a private residence.  He said he has shown the house twice.

The property has no sale price attached, but the board of selectmen has obtained an appraisal which they are keeping secret, Caron said.

He said the town is accepting requests for proposals until Aug. 6 and will then review them to see if they have a buyer.

With the money from the sale, Caron said it is hoped that the town can make nature paths up the hillside overlooking the lake and that forestry techniques can be applied to maximize wildlife habitat and use.

He said that the trust allowed for a public use for the land and, thus, it would be open to the public.

©2004 Peter K Kimball