T~E=A~ORNEYGENERAL 

OF TEXAS 

December 18, 1963 

Honorable John Connally 

Governor of Texas 

Austin, Texas 

Dear Governor Connally: 

Your request for 

Opinion No. c-196 

Re: Authoritv to transfer 

monies In the suspense 

fund received by the 

State under a will. 

an opinion reads as follows: 

"AS of this date, the Governor's office 

is holding In the Suspense Fund 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: 

11 t 

1936, being a 

Deposit made on December 22, 

check made payable to the State 

of Texas, the Treasurer of the State of Texas, 

and Governor James V. Allred, In the sum of 

$3,000.00, remitted by the Trust Company of 

Georgia under 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 

obtained by said State to establish a school 

of economics and political science In Eastern 

Texas, and It is my earnest wish that the purpose of said School be to study with 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, George McDuffie and Matthew 

Maury be particularly studied at said school, 

and that a keen comparison between the character 

-945- 
Hon. John Connally, page 2 (C-196) 

and principles of our great and noble 

President, Jefferson Davis, and President 

Abraham Lincoln be made. The idea of the 

necessity of economic and political science 

associations throughout 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 office has notified those 

colleges and universities in the eastern 

part of Texas that might 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 respectfully requested 

as to the legality of transferring this 

$3,000 now in suspense to Texas A & M Unlversity for'the purposes stipulated in their 

proposal." 

The letter from President Earl Rudder, President of 

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 thoughts and principles of the 

founding fathers of this nation and state and 

in particular those of Jefferson, McDuffie, 

Maury, Davis, and Lincoln has been gratefully 

received, We feel that Texas A&M University 

is fully qualified to meet the terms of Helen 

Gray's will through Its program of study In 

political science and related fields of study 

in economics and history where the political 

and economic philosophies of the founding 

fathers and those of their interpreters reoeive careful attention. The philosophical 

thinking of the leaders of the Old South Is 

emphasized. 

"Our degree programs in government (political science) are relatively new 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 

advantageously to build more strongly our 

library collection to exemplify the economic 

and political philosophies taught by the men 

mentioned In the Gray will. The books for 

the Library would be selected by our Department of History and Government, and a suitable name plate to identify the donor and 

purpose will be inserted in each. The following lettering onthe name-plate is suggested, 

although we will be willing to consider any 

other that your office or the family may desire: 

"The Helen Gray Collection 

in 

Economic and Political Thought of the Old South 

"It is our belief that this use falls 

within the restrictions posed 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 such monies are not sub ect 

to appropriation. Attorney General's Opinion O-945 (1940 3 . 

Therefore, in order to transfer such monies acquired pursuant 

to the will, the only requirement is that such monies 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 is my 

earnest wish that the purpose of said School be to study with 

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, George McDuffie 

and Matthew Maury be particularly studied at said school, and 

that a keen comparison between the character and principles 

of our great and noble President, Jefferson Davis, and Presldent Abraham Lincoln be made." 

According to the letter of President Earl Rudder, Texas 

A & M University, located at College Station, has degree programs 

in government (political science). It is our opinion that such 

fact is in sufficient compliance with 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 

Rudder whether 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 economic and political interests of the State 

of Texas and other Southern States are Included, (2) wherein 

the thoughts and principles of Thomas Jefferson, George 

McDuffie and Matthew Maury are Included, and (3) wherein a 

keen comparison between the character and principles of 

Jefferson Davis and Abraham Lincoln are made. 

It is our opinion that if Texas A & M University agrees 

to expend the above referred to monies held In suspense, for 

the purpose of establishing a course of study outlined in the 

will of Helen Gray, said monies ~.may legally be transferred to 

Texas A & M University for said purposes. In the absence of 

such an agreement, It is our opinion that such monies may not 

be transferred to Texas A & M University, but must be held In 

suspense for the benefit of a school In Eastern Texas which 

will provide for such course of study in a school of economics 

and political science as outlined in the will 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 such monies 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 

-948-