thing to be determinedLB the intentionof the partiesto I,t;and when the instrumentitselfmakes ft manifestthat it wan the pu-poeeof the grantor to conveythe propertyto another,who in the deed Is designatedwith reasonable certainty,it will take effect aB a conveyance. 14.?ex. hr. p Page 798; Vine- yard vs. O'Connor,90 Tex. 59; Sparks ~8. :Eumbl.e 01.1an.dRefin.i.ng Company,l29 S.W. (2) 468.
We desireto point out horaever,that a conveyauceto a granteea8 designatedabove pLacea the tLtl.e,the rlghtato alleoate,and all incidental powers appertainingto the landa conveyedin.the Mexicanpeople of Karnes County, Good NeighborCommissionof Texas - Page 3 (O-7499)
Texas. To obviatethe necessityof obtainingthe approvalof all the Mexican people of Karnes County,Texas, whenevera transfer,aaaignment,or loan con- cerningthe land In question16 desired,we would auggeetthat the grantee be designatedaa follows: "Joel S. Quinonea,Mexican Consul,at San Antonio, or his succeseoreIn office,trustee".
Article7425a, V. A. C. S., providesas follows:
"Wherea trust is created,but ia not containedor declared in the conveyanceto the truqtee,or when a conveyanceor tranefer IS made to a trusteewithout dinclosingthe namee of the benefici- ary, or beneficiaries,the trustee &all be held to have the power to conveyor transferor encumberthe title and wheneverhe shall executeand delivera conveyanceor transferor encumbranceof such property,am trustee,such conveyanceor transferor encum- brance shall not thereafterbe questionedby any one claimingas a beneficiaryunder such trust or by any one claimingby, through, or under an undisclosedbeneficiary,providedthat none of the trust propertyin the hands of aaid trustee ahallbe liable for personalobligationsof said trurtee. Acts 1925, 39th Leg., ch. 120, P. 305, § 1,"
The affect of designatingthe granteea8 suggestedand as permitted under Art. 7425a would be to place in the trueteedesignatedthe authority or power to exerciseall rights concerningthe land conveyedto him in trust. The beneficiariesunder the trust could, of course,come in whenevernecessary to show they are partiea'forwhom the land wa8 conveyedin trust. We would be hesitant,of course,to euggestany conveyanceto a granteeae suggested herein except in those camea,a8 here, explicittrust, honor and reliancecan be placed in the designatedtrustee.
Trusting that the above satisfactorily answersyour inquiry,we remain
Very truly yours
APPROVEDNOV 22, 1946 Al'TORNEYGENE3ALOFTEXAS
Id RarrisToler FIRST ASSISTART By /a/ ChesterE. Ollison ATTORNFXGEEERAL ChesterE. Ollieon Assistant
CEO-sl-lm APPROVED OPINION coMMITrEE BY /e/ GUB CHAIRMAN