TEIEATITORNEYGENERAL 

OF TEXAS 

October 31, 1961 

‘The Hon. M. T. Harrington 

Chancellor 

Opinion No. WW- 1182 

Texas A & M College System 

College Station, Texas 

Re: Whether the Robert A. Welch 

Foundation has the authority 

to grant funds to Texas Agricultural 61 Mechanical College 

System for the establishment 

of a modern-type cyclotron. 

Dear Mr. Harrington: 

In your letter of October 9, 1961, you requested the opinion 

of this office on the following question: 

“The Trustees of the Robert A. Welch Foundation, Houston, 

have extended to the Agricultural 81 Mechanical College of 

Texas through its Board of Directors, an invitation to submit 

to them a proposal concerning the establishment of a modern 

type cyclotron on the Agricultural & Mechanical College campus for the purpose of study, research, and experiments in 

the field of basic chemical research. 

“We contemplate accepting the Truste~es’ invitation; however, 

before so accepting, we should appreciate your advising us as 

to whether or not the Trustees, under their powers, may grant 

funds to the College for the purpose stated. . . ” (Emphasis 

added) 

To answer this question we need only look to the terms of the 

instrument which created the trust now known as ~The Robert A. Welch 

Foundation. 

Robert A. Welch, being domiciled in Houston, Harris County, 

Texas, died on December 27, 1952. His will was admitted to probate 

on January 20, 1953. The following portions of the Will are relevant 

to the matter at hand. All emphasis supplied below is ours. 
The Hon. M. T. Harrington, page 2 (~~-1182) 

ARTICLE V. 

Section 9. 

“(1). * . 

“(2) (As amended by the codicil of July 29, 1949). 

Consequently, it is my will, and I so direct, that for the 

first ten (10) years of the ,life of the Trust it shall be administered and operated exclusivelv for the purpose of research in 

the field of Chemistry, of such nature, and conducted in such 

manner, as in the judgment of the Trustees shall be productive 

of the best results in the way of new and useful discoveries and 

inventions, all of which discoveries and inventions shall be made 

available to Mankind. As regards the manner in which the Trustees shall,applv Trust funds to the accomplishment of this purpose, that is left entirelv to their iudsment and discretion. It 

may be done by creating and operating agencies o.r organizations 

to conduct such research, or by employing others, or contracting with others, to do so. 

“(3) After, the first ten years of the life of the Trust, if the 

Trustees are of the opinion that it is no longer feasible or desirable to restrict the use ~of the funds of the Trust to the purpose just stated and are of the opinion, from time to time, that 

such funds should be used for other or additional charitable, 

scientific, or educational purposes chosen by them, they shall 

have full power and authority to use said funds accordingly, --, 

with this exception, namely. that there are, many people who 

will give to church and other religious organizations, and it is 

not my,intention, therefore, that thes~e shall be included among 

those who are to be beneficiaries of the Trust hereby created. 

Nor is it my intention that State educational institutions shall 

be included among those who are to be beneficiaries of the 

Trust hereby created, except in so far as the Trustees shall 

deem it advisable ,to’assist educational institutibns with respect to research and investigation in the field of Chemistry. 

I exclude exclude State educational educational institutions, institutions, generally, generally, because because 

it is to be presumed presumed that they will be adequately adequately supported supported 

by the State. ” 
The Hon. M. T. Harrington, page 3 (WW-1182) 

By glancing above at the underscored portions of the Will, 

the answer to the question seems clear. Mr. Welch has directed 

that during the first ten years of its existence, the Trust is to be 

dedicated to research in the field of Chemistry, the manner of application of such Trust funds to this purpose being left entirely to the 

judgment and discretion of the Trustees. State educational institutions are excluded as beneficiaries of the Trust, ‘except insofar as 

the Trustees shall deem it advisable to assist educational institutions 

with respect to research and investigation in the field of Chemistry. ’ 

Does Texas Agricultural and Mechanical College’s proposal to establish a modern-type cyclotron for study, research, and experiments 

in the field of Chemistry fall within this exception? Clearly it does. 

Such a project fulfills the purpose of the Trust and is well within the 

powers of judgment and discretion granted the Trustees. 

SUMMARY 

The Trustees of The Robert A. Welch Foundation, 

Houston, Texas, under their powers, may grant funds 

to the Texas Agricultural & Mechanical College for 

the establishment on campus of a modern-type cyclotron 

for the purposes of study, research, and experiments 

in the field of chemistry. 

Yours very truly, 

Will Wilson 

Atto:ney General of Texas 

Assist&t Attorney General 

HPH:lmc 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Marvin Thomas 

Phillip A. Nelson 

Jack Price 

Dudley McCalla 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.