The opinion
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July 24, 1953
Hon. James A. Bethea. M.D. Opinion No, S-73
Executive Director
Board for Texas State Hospitals Re: Legality of Board for Texas
and Special Schools State Hospitals and Special
Aus tin, Texas Schools acting as trustee of
testamentary charitable
Dear Dr. Bethea: trust under submitted facts.
You have given us the following information. Paragraphs
four and six of~the last will and testament of John C. Wende read, in
part, as follows:
‘4. To the Board of Control of the State of Texas
and its successors in office, in trust, for the State Or-
phans’ Home now operated for the benefit of orphans of
the State of Texas at Corsicana. Texas, or such other
orphans’ home as may be operated by the State of Texas
and selected by the Board of Control, I give, devise and
bequeath in trust for the use and benefit of said orphans
and subject to the conditions herein set out, the use, rents
and revenues and income of the following described tracts
of land . . . to be used for the benefit of such orphans as
the Board of Control and its successors may deem advis-
able and in perpetuity.
‘6. After the death of my said wife, Augusta L.
Wende. all of said rest and residue of my property above
mentioned not otherwise disposed of by her . . . shall be
sold and liquidated and put in the form of cash money by
my executor hereinafter named, and all of said money,
including the proceeds of the sale of all of said rest and
residue, I hereby give, devise and bequeath to the said
Board of Control of the State of Texas and its successors
in office in trust for said orphans’ home, or such other
orphans’ home as may be operated by the State of Texas
and selected by the Board of Control, the said Board of
Control and its successors are to keep said fund and
monies invested for the benefit of said orphans’ home,
and the income of said fund to be used for said home in
perpetuity, . . .”
Hon. James A. Bethea, page 2 (S- 73)
You request the opinion of this office as to whether the
Board for Texas State Hospitals and Special Schools can act as trus-
tee of the charitable trust created by the above quoted provisions of
Mr. Wende’s will.
Prior to 1949, the State Board of Control had supervi-
sion and control of all the State eleemosynary institutions. Section 8
of Article 693, V.C.S., empowered the Board to take and hold in trust
any gift for the benefit of such institution. By House Bill 1, Acts 51st
Legislature, 1949, Chapter 316, page 588. the Board for Texas State
Hospitals and Special Schools was created: and all rights, privileges,
powers and duties previously vested in the Board of Control were
transferred to the Board for Texas State Hospitals and Special Schools.
You are therefore advised that the Board for Texas State
Hospitals and Special Schools can legally act as trustee of the chari-
table trust created by Mr. Wende’s will.
SUMMARY
Even though the State Board of Control was designated as
trustee of a testamentary charitable trust for the State Orphans’ Home,
the Board for Texas State Hospitals and Special Schools should act as
trustee of said trust. H.B. 1, Acts 51st Leg., 1949, Ch. 316, p. 588.
Yours very truly,
JOHN BEN SHEPPERD
Attorney General
APPROVED:
W. V. Geppert
Taxation Division BY
Willis E. Gresham Assistant
Reviewer
Robert S. Trotti
First Assistant
John Ben Shepperd
Attorney General
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