# 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 61Mechanical College System for the establishment ofamodern-type cyclotron.
Dear Mr. Harrington:

Inyour letter of October 9, 1961, you requested the opinion ofthis office onthe following question:

“The Trustees ofthe Robert A. Welch Foundation, Houston, have extended to the Agricultural 81Mechanical College of Texas through its Board of Directors, an invitation to submit to them aproposal concerning the establishment ofamodern type cyclotron onthe Agricultural &Mechanical College campus for the purpose ofstudy, research, and experiments in the field ofbasic 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 ofthe instrument which created the trust now known as ~TheRobert 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 ofthe Will are relevant to the matter athand. 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 ofJuly 29, 1949). Consequently, it is my will, and Iso direct, that for the first ten (10) years ofthe,life ofthe Trust it shall be administered and operated exclusivelv for the purpose ofresearch in the field of Chemistry, ofsuch nature, and conducted in such manner, as inthejudgment ofthe Trustees shall be productive ofthe best results in the way ofnew and useful discoveries and inventions, all ofwhich discoveries and inventions shall be made available to Mankind. As regards the manner in which the Trustees shall,applv Trust funds to the accomplishment ofthis purpose, that is left entirelv to their iudsment and discretion. It may be done by creating and operating agencies o.rorganizations to conduct such research, or by employing others, or contracting with others, to do so.

“(3) After, the first ten years ofthe life ofthe Trust, ifthe Trustees are ofthe opinion that it is nolonger feasible or desirable to restrict the use ~ofthe funds ofthe 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~eshall be included among those who are to be beneficiaries ofthe Trust hereby created. Nor is it my intention that State educational institutions shall be included among those who are tobe beneficiaries ofthe 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. exclude educational institutions, generally, because Iexclude State educational institutions, generally, because it is tobe presumed that they will be adequately supported

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

By glancing above atthe underscored portions ofthe Will, the answer to the question seems clear. Mr. Welch has directed that during the first ten years ofits existence, the Trust is to be dedicated to research in the field of Chemistry, the manner ofapplication ofsuch Trust funds to this purpose being left entirely to the judgment and discretion ofthe Trustees. State educational institutions are excluded as beneficiaries ofthe 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 amodern-type cyclotron for study, research, and experiments in the field of Chemistry fall within this exception? Clearly it does. Such aproject fulfills the purpose ofthe Trust and is well within the powers ofjudgment and discretion granted the Trustees.
SUMMARY
The Trustees ofThe Robert A. Welch Foundation, Houston, Texas, under their powers, may grant funds to the Texas Agricultural &Mechanical College for the establishment on campus ofamodern-type cyclotron for the purposes ofstudy, 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.