## T~E=A~ORNEYGENERAL

OF TEXAS

December 18, 1963

Honorable John Connally Governor of Texas Austin, Texas

Dear Governor Connally:

Your request for OpinionNo. c-196

Re: Authoritv to transfer monies In the suspense fund receivedby the State under a will.

an opinion reads as follows:

"AS of this date, the Governor's office is holding In the SuspenseFund in the Treasury the sum $3,000, this amount having been deposited in 1936. To explain the origin of this balance we quote in part from a'state auditor's report of January 21st, 1947:

11t 1936,being a Depositmade on December 22,

checkmade payable to the State of Texas, the Treasurer of the State of Texas, and GovernorJames V. Allred, In the sum of $3,000.00,remittedby the Trust Company of Georgiaunder a provisionof the will of one Helen Gray,which reads as follows:

""1 will and bequeath to the State of Texas the sum of Three Thousand ($3,000.00) Dollars, in trust, nevertheless, subject to the following limitations,uses and trusts, to-wit:

Itll.I will and direct that said State invest said sum until sufficient funds are obtainedby said State to establish a school of economics and political science In Eastern Texas, and It is my earnestwish that the purpose of said Schoolbe to studywith keen analysis, the economic and political Interests of the State of Texas and other Southern States, and I wish that the thoughts and principles of Thomas Jefferson, GeorgeMcDuffie and Matthew Maury be particularly studiedat said school, and that a keen comparisonbetween the character

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and principles of our great and noble President,Jefferson Davis, and President Abraham Lincolnbe made. The idea of the necessity of economicand political science associationsthroughout the South'came to
me when I was in Galveston,Texas, writing for the Atlanta Constitution Publishing Company.

. . .I'

"In order to carry out the wiahes'of the donor, this officehas notified those colleges and universities in the eastern part of Texas thatmight qualffy to submit
a statement Indicating their qualifications to receive this bequest.,We have received
a proposal from Texas A & M University, a copy of which Is attached.

"Your opinion Is respectfullyrequested
as to the legality of transferring this $3,000now in suspense to Texas A & M Unlversity for'the purposes stipulated in their proposal."

The letter from PresidentEarl Rudder, Presidentof Texas A & M University,reads as follows:

"Your letter of October 31, 1963, in regard to $3,000 from the estate of Helen Gray for a school of economics and political science In Eastern Texas for the purpose of studying the thoughtsand principles of the founding fathers of this nation and state and in particular those of Jefferson,McDuffie, Maury, Davis, and Lincolnhas been gratefully received, We feel that Texas A&M University is fully qualified to meet the terms of Helen Gray'swill through Its program of study In political science and related fields of study in economicsand history where the political and economicphilosophiesof the founding fathers and those of their interpretersreoeive careful attention. The philosophical thinking of the leaders of the Old South Is emphasized.

"Ourdegree programs in government (political science) are relativelynew ones,

-946-Hon. John Connally,Page 

## 3 (C-196)

and it is our belief that the $3,000, if made available to us, can be used most advantageouslyto build more stronglyour library collection to exemplify the economic and politicalphilosophies taughtby themen mentioned In the Graywill. The books for the Librarywould be selectedby our Department of History and Government,and a suitable name plate to identify the donor and purposewill be inserted in each. The following lettering onthe name-plate is suggested, althoughwe will be willing to consider any other that your office or the familymay desire:

"The Helen Gray Collection in Economic and PoliticalThought of the Old South

"It is our belief that this use falls within the restrictionsposed by the Helen Gray will."

You are advised that under the facts submitted,monies received under the will of Helen Gray were properly placed and kept in the suspense fund and suchmonies are not sub ect to appropriation. Attorney General's OpinionO-945 (1940 3
. Therefore, in order to transfer suchmonies acquiredpursuant to the will, the only requirement is that suchmonies are to be spent for the purpose stated in the will. According to your letter, this purpose Is "to establish a school of economics and political science in Eastern Texas, and it ismy earnestwish that the purpose of said Schoolbe to studywith keen analysis, the economicand political interests of the State of Texas and other Southern States,and I wish that the thoughts and principles of Thomas Jefferson, GeorgeMcDuffie and Matthew Maury be particularly studiedat said school, and that a keen comparisonbetween the character and principles of our great and noble President,Jefferson Davis, and Presldent Abraham Lincolnbe made."

According to the letter of PresidentEarl Rudder, Texas A & M University, located at College Station,has degree programs in government (politicalscience). It is our opinion that such fact is in sufficient compliancewith that portion of the will "to establish a school of economics and political science In Eastern Texas.” It is not clear from the letter of President Rudderwhether Texas A & M University Is agreeing to establish

-947-Hon. John Connally,page 4 (C-196)

a course of study outlined in the will of Helen Gray, (1) wherein the economicand political interests of the State of Texas and other Southern States are Included, (2)wherein the thoughtsand principles of ThomasJefferson, George McDuffie and Matthew Maury are Included,and 

## (3) wherein a keen comparison between the characterand principles of Jefferson Davis and Abraham Lincolnare made.

It is our opinion that if Texas A & M Universityagrees to expend the above referred to monies held In suspense, for the purpose of establishinga course of study outlined in the will of Helen Gray, said monies ~.maylegallybe transferred to Texas A & M University for saidpurposes. In the absence of such an agreement, It is our opinion that suchmoniesmay not be transferred to Texas A & M University,but must be held In suspense for the benefit of a school In Eastern Texaswhich will provide for such course of study in a school of economics and political scienceas outlined in thewill of Helen Gray.

I SUMMARY

Monies received under a will to the State of Texas are required to be held in the suspense fund until suchmonies may be expended for the purposes set out in the will.

Yours very truly,

WAGGONER CARR Attorney General

JR:ms

APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey J. S. Bracewell Robert Flowers Edward Moffett Assistant

APPROVED FOR THE ATTORNEY GENERAL By: H. Grady Chandler

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