Spring Break
University sued for plan to raze Kalman building
by Miranda Neubauer
Senior Writer
News | 5/19/09
Posted online at 12:52 AM EST on 5/19/09
/ Last updated at 3:29 PM EST on 5/19/09
The great-nephew of a donor whose bequest funded the Kalman Science Building filed an injunction in Suffolk Probate Court May 7 to prevent Brandeis from tearing down the building due to disrepair, saying that such a move would violate his great-uncle's will.
According to the will quoted in a copy of the injunction provided to the Justice by Sumner Kalman, the great-nephew of Julius Kalman, Julius made a bequest of approximately $1.8 million to Brandeis "to be used by the trustees of said University for the purpose of erecting a building, buildings or a portion of a building, to be known as the 'Julius Kalman Memorial'" in 1956. The injunction goes on to state that "the testamentary intent of Julius Kalman, as with most donors to Brandeis, was that his gift to the school would carry on in perpetuity." If the building were destroyed, according to the injunction, "there no longer will be a 'building, buildings, or portion of a building' named after Julius Kalman, as is required in his Last Will and Testament."
The Kalman building is scheduled to be razed by this winter as part of Phase 1 of the Science Complex Renewal Project, which also includes the completion of the Carl J. Shapiro Science Center, according to the Web site of the Office of Capital Projects.
In a May 2007 memo to the Brandeis community, Executive Vice President and Chief Operating Officer Peter French wrote that Phase 2 "will involve the creation of a new building more or less on the footprint of Kalman."
According to a PowerPoint presentation from a 2006 community forum on the project, Phases 1 and 2 were scheduled to be completed by late 2010 or early 2011. Vice President of Capital Projects Dan Feldman told the Justice this February that Phase 2 had been indefinitely postponed.
"It's one thing to say that the building has got to be torn down because they need the space for a new building, [but it's] a little different when they don't have any money to build a new building, but they're going to tear down the [Kalman] building anyway," Kalman said. "Brandeis' position was that they weren't going to really recognize my uncle in the way we felt the testamentary intent was reflected in the will; ... that's what brought us to court."
According to the will quoted in a copy of the injunction provided to the Justice by Sumner Kalman, the great-nephew of Julius Kalman, Julius made a bequest of approximately $1.8 million to Brandeis "to be used by the trustees of said University for the purpose of erecting a building, buildings or a portion of a building, to be known as the 'Julius Kalman Memorial'" in 1956. The injunction goes on to state that "the testamentary intent of Julius Kalman, as with most donors to Brandeis, was that his gift to the school would carry on in perpetuity." If the building were destroyed, according to the injunction, "there no longer will be a 'building, buildings, or portion of a building' named after Julius Kalman, as is required in his Last Will and Testament."
The Kalman building is scheduled to be razed by this winter as part of Phase 1 of the Science Complex Renewal Project, which also includes the completion of the Carl J. Shapiro Science Center, according to the Web site of the Office of Capital Projects.
In a May 2007 memo to the Brandeis community, Executive Vice President and Chief Operating Officer Peter French wrote that Phase 2 "will involve the creation of a new building more or less on the footprint of Kalman."
According to a PowerPoint presentation from a 2006 community forum on the project, Phases 1 and 2 were scheduled to be completed by late 2010 or early 2011. Vice President of Capital Projects Dan Feldman told the Justice this February that Phase 2 had been indefinitely postponed.
"It's one thing to say that the building has got to be torn down because they need the space for a new building, [but it's] a little different when they don't have any money to build a new building, but they're going to tear down the [Kalman] building anyway," Kalman said. "Brandeis' position was that they weren't going to really recognize my uncle in the way we felt the testamentary intent was reflected in the will; ... that's what brought us to court."
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