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JOXIN BEN SHRPPlmuJ A-PIU- ~mNPssAI. July 24, 1953

Hon. James A. Bethea. M.D. Executive Director Opinion No, S-73 Board for Texas State Hospitals Re: Legality ofBoard for Texas and Special Schools State Hospitals and Special Austin, 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 andtestament ofJohn C. Wende read, in part, as follows:

‘4. To the Board of Control of the State ofTexas and its successors inoffice, in trust, for the State Orphans’ Home now operated for the benefit oforphans of the State of Texas at Corsicana. Texas, or such other orphans’ home as may be operated by the State ofTexas and selected by the Board of Control, Igive, devise and bequeath in trust for the use andbenefit of said orphans and subject to the conditions herein set out, the use, rents and revenues and income of thefollowing described tracts of land
. . . to be used for the benefit ofsuch orphans as the Board of Control andits successors may deem advisable 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 ofby her
. . .shall be sold and liquidated and putin the form of cash money by my executor hereinafter named, and all of said money, including the proceeds ofthe sale ofall of said rest and residue, Ihereby give, devise and bequeath to the said Board of Control oftheState ofTexas and its successors in office in trust for said orphans’ home, or such other orphans’ home as may be operated by the State ofTexas and selected by theBoard ofControl, the said Board of Control and its successors are tokeep said fund and monies invested for thebenefit 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 towhether the Board for Texas State Hospitals andSpecial Schools can act as trustee ofthe charitable trust created bythe above quoted provisions of Mr. Wende’s will.

Prior to 1949, the State Board ofControl had supervision and control of all the State eleemosynary institutions. Section 8 ofArticle 693, V.C.S., empowered the Board totake 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 intheBoard of Control were transferred tothe 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 charitable trust created by Mr. Wende’s will. SUMMARY Even though the State Board of Control was designated as trustee ofa testamentary charitable trust for the State Orphans’ Home, the Board for Texas State Hospitals andSpecial Schools should act as trustee of said trust. H.B. 1,Acts 51st Leg., 1949, Ch. 316, p. 588.

APPROVED: W. V. Geppert Taxation Division Willis E. Gresham Reviewer Robert S. Trotti First Assistant John Ben Shepperd Attorney General Yours **very** truly, JOHN BEN SHEPPERD Attorney General

**BY** Assistant

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