AUWITN 11. -rExAs 

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 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 Orphans’ 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 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 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 trustee of the charitable trust created by the above quoted provisions of 

Mr. Wende’s will. 

Prior to 1949, the State Board of Control had supervision 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 charitable 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. 

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 

Mh4C:mg