Untitled Texas Attorney General Opinion ( 1942 )

EAYTOIRNEY GENERAL
OF EXAS
Honorable A. $. Sutton
County Auditor
Anderson County
Palestine, Texas
Dear Sir: Opinion No. 0*4601
Rer &Yfeot of zibsndonment or non-use
on ti.tle to land constituting a
oharitable trust.
We have oonsldered the questions oontalnsd in our letter of
May 18, 1942, addressed to the Attorney @enera 9 and reading
as f 0110~s ;
“On Jan. 26, 1881 5. W. Wallace et ux et al exeouted
a deed, the material part of’ whioh reads as followar
"'!Phat we, ci. W. Wallaoe and hie wife, M. J. Wallaoe,
and W. B. Watson; for and in oonelderatlon of one
dollar to us paid and the fuurther oonaiderat5on ol’
a desire to promote the oause of Bauoation have this
day granted and sold and by these preasnts do grant
sell and oonvey unto J, HI Barton Jama A, Quiok and
U. W. LUnafoPa, Trua6rra for bhr &ok Sohool ~oi-tamunlby
In Andrroon Oount and thrir auaooaaora fozwrr for thr
uoa and brnrllb o iK the aohool and ohuroh purpoara thr
followln drrorlbod land aibuabrd in Andrrron Oounby,
Texas, a %out la nrllea north of PalrrbSnr, toni A
part of tihr Norbh Xali of 0, Oroor Loagui
IIf Be inning at 8, ID, oornrr of Lot Nor 6 of bhr aub-
dlvla ! on of arid north half and running North with l&r
dlvldin Lot Nor 0 and Lot No. 4 780 va a a rtonr lOP
oomem ! ram whloh a rrd oak 6 ln mkd X brr 8 1st W 7 9/6
VY Hlokory 18 in mkd X bra N a0 deg. PI 1st VI Thenor
oroaa rpring branoh a0 v r5ghb of I Ing 160
for oor from whloh a blook jaok 6 In r brr N
va and Porrt Oak 10 In n&d X bm S 56* W 8 VI
Thrnoe Worth lb0 VI Stakr for oomor from whhoh port oak
0 In in dla bra S 40 deg. W 0 l/4 VI a Hlokory 0 ti
mkd x bra N 68 deg. W 9 VI Thpnoe South wlth rald Qulok@r
weat Lm 160 v6 to the plaos of Irt oorner of this plot
oontaln%ng 4 aorea of land to have and to hold the aam
..-
Hon. A. E. Sutton - Page 2-o-4601
unto said school Trustees for school and church
Purposes forever; We hereby convey and quit claim
forever said lands and use and implements to said
Trustees and their successors for the uses and purposes
aforesaid.”
“Many Years later the Elmtown Common School Distriot
and the Conoord Common Sohool Distriot were organized.
The Concord School District inoluaed the territory
described hereinabove. The sohool house located and
situated on the above desoribed property was moved
into the Elmtown School Distriot and was later sold.
There has not been a house on the above desoribed tract
of land, nor has it been used for sohool or ohuroh
purposes sinoe the removal of the building mentioned
above. Assuming that G. W. Wallaoe et ux et al owned
the fee simple title to the traot of land described in
the above deed, and that there has not been a oonveyanoe
of any kind or oharaoter since the date of the above
described deed, which distrlot, if either, owns said
land?
“I shall appreoiate your opinion on the above question
at your earliest oonvenienoe.``
In our opinion, the deed mentioned’oreated a oharitable trust
for school and ohuroh purposes in favor of the residents of
the Quick Sohool Community in Anderson County, Texas. Charities
are highly favored in law and it is an elemental rUle that a
court of ohmoery will not allow a trust to fail for want of a
trustee. 9 Tex. Jur. 55,56. “In the event that the person
appointed trustee refuses to acoept the offioe, or resi
after aooeptanoe, or beoause mentally inoompetent, or d rl””
es)
or is removed, the court has the power to appoint another Person
to act in his stead.” 42 Tex. Jur. 625.
If it appears that the maintenance of the pro erty for sohool
and ohurah purposes for the Quiok Sohool Comm% itg in Anderson
County has beoome impraotioable, the Diatriot Court may, in a
proper proceeding brought for that pur 080, order the property
decreed out of the trustees named in t Re deed or their
successors and vest It in the Conoord Common Sohool Distriot
whioh now inoludes the Quiok Sohool Community, or the oourt
might, depending on the facts, order the property sold and
the prooeeds applied as nearly as may be to the oharitable
purposes named in the deed. Inglish v, Johnson, 96 S.W. 558,
Error Refused,
The answer to your inquir is that the title to the *o arty
is in the trustees J. H. g arton, James A. Qulok and 6. #,
Lunsford or their suoaes80rsr
Hon. A. E. Sutton - Page 3 O-4601
Yours very truly
ATTORNEYGENERALOF TEXAS
s/ Fagan Dickson
BY
Fagan Diokiori
Asskitant
FD:BT/cg
APPROVEDJ7XJE11, 1942
8/ Gerald C. Mann
ATTORNEYGEZWXALOF TEXAS
APPROVEDOPINION COMXITTEE
ByBWB, Chairman