Fourth Court Conference
Tuesday, Nov. 25, marked the fourth court conference on the disposition of Wells College’s assets. A WLS officer attended and took notes as a layperson which are summarized below.
The judge made two rulings.
The Village of Aurora had petitioned to be heard regarding the disposition of the college archives, which hold many items related directly and primarily to local history. The Associate Attorney General, stating his responsibility to act in the public interest, referenced the possibility of “unique relief” in the matter. The Wells attorney argued that the archives must go to Hobart & WIlliam Smith Colleges (HWS), although earlier statements from Wells vaguely indicated that “some” unspecified archival materials would remain in Aurora.
The Judge indicated that he was very sympathetic to Aurora’s request, saying he agreed with many of the concerns expressed by the Attorney acting “of counsel” for the Village. He stated that he wished he did not need to make this decision, but “unfortunately” — he used the word more than once — he had to rule against the Village because he could not find, in law, that the Village had any right to intervene in the case.
He noted that he would be retiring in six months, and said more than once that he expected the Village Attorneys would appeal. It seemed, to the lay observer, that the Judge almost hoped that they would.
The recent filings on this matter can be read here. The Attorney who acted not only “of counsel” but also pro bono for the Village of Aurora did an 0outstanding job; see documents #83 and #82 as well as previous filings.
The Judge also ruled to approve HWS as the legacy parter for Wells. Overall, this is very, very good news! The WLS worked hard to overturn the Wells administration’s original designation of Manhattanville University as our legacy partner. We have found administrators from HWS to be very responsive, thoughtful, collegial, and concerned throughout the dissolution process (as well as wonderfully supportive of our student transfers). We expect that relationship to continue after the Wells Board dissolves itself.
However, we are concerned that the Associate Attorney General approved this proposal without having received a plan for the college’s real estate, including the campus. At the first conference in July, he strongly stated that his Office expected to see a complete plan and he rejected the college’s proposed piecemeal approach. In the November conference, he abandoned his previous position and advocated only for a deadline for the college to report back to the court about progress on the sale of the real estate. The date was set for a time before the Judge’s retirement, and will be held on March 10 at 10:30 AM.
The college attorney claimed he had confidence in the Wells Board of Trustees, which he said was “working aggressively” on sale of the college properties. These statements seemed unconvincing to the observer, given local experience to the contrary.
Local press coverage of the hearing may be read here:
Judge denies Aurora's motion to intervene, OKs Wells College's legacy agreement
THE CITIZEN, Robert Harding, Nov. 26, 2025
AUBURN — After a failed attempt by the village of Aurora to intervene in the case, Wells College's legacy agreement with Hobart and William Smith Colleges has been approved.
Cayuga County Judge Thomas Leone ruled on Tuesday that Aurora lacked standing to intervene in the matter. The village sought to intervene because the college's archives include materials that are "vitally important to (Aurora), because they are virtually the entire documentary, historic patrimony of the village's life dating back to the 1790s."
However, Leone said he was constrained by law to deny the motion.
The decision cleared the way for Wells College's petition to transfer various assets, including records, to Hobart and William Smith Colleges. Leone approved an amended petition that would allow for most of Wells' $28 million endowment to be transferred to Hobart and William Smith.
Wells announced in June that Hobart and William Smith Colleges in Geneva would be its legacy partner. The agreement followed months of discussions between the institutions.
When Wells College announced its closure in 2024, Manhattanville University was named as the legacy partner. Court records revealed that Manhattanville and Wells were unable to reach a legacy agreement, which led to Wells exploring other options.
The approval of the legacy agreement is a significant step in Wells College's efforts to wind down operations since its closure at the end of the 2023-24 academic year.
The full endowment can't be transferred because Wells must replenish what it used when it received court approval in 2010 to access up to $14 million in restricted funds. The sale of the Aurora campus is viewed as the way for the college to get the money it needs to shift the remaining endowment funds to Hobart and William Smith.
The college has not provided an update on the campus sale process in months. It has received several offers for the property from interested parties, most of whom want to reestablish an educational institution at the site. But the college has not said whether they accepted an offer.
