Untitled Texas Attorney General Opinion ( 1963 )

iarrsmiu 11. 7rEXAS
October 17, 1963
Mr. Raymond W. Vowel1 Opinion No. C-163
Executive Director, Board
for Texas State Hospitals Re: Confederate Woman's Home
and Special Schools property--disposition to
Box S, Capitol Station be made thereof In case
Austln, Texas 78711 of abandonment of use of
said property as a home
for the wives and widows
of Confederate Soldiers
,Dear Mr. Vowell: and Sailors.
In a recent request for an opinion of this office, you
make the following statements and ask the following question:
"Under date of December 23, 1911 the Texas Dlvi-
sion United Daughters of Confederacy, through their
President, conveyed to the State of Texas a certain
tract of land described In the attached copy of the
deed which la recorded In the Deed Records of Travis
County, Volume 246, Page 544. The stated purpose of
said conveyance was to provide a home to be used by
the wives and widows of Confederate soldiers and
sailors.
"This Board has, since its inception, used the
premises for the purpose stated. However, we now
find that we have three residents of this home cost-
ing us approximately $l,lOO.OO per month each to
maintain. It has been suggested that other facili-
ties be made available for these residents and that
the Confederate Woman's Hone, as such, be abandoned.
"In the event this Board decides to abandon said
facilities, please advise this office as to the dls-
position to be made of the land indicated above, i.e.,
does It remain the property of the State of Texas to
be used and disposed of as other State owned land or
does title to sane revert to the Texas Division
United Daughters of Confederacy."
Apparently your doubt as to the ownership and status of
this property should it cease to be used for the care of the
wives and widows of disabled Confederate soldiers and sailors
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c- -
Mr. Raymond W. Vowell, page 2 (Opinion No. C-163 1
is caused by the following quoted phrases in the granting
clause and in the preamble of the deed conveying the Confeder-
ate Womans' Home property to the State of Texas. The granting
clause reads in part:
1,
. . . the . . . Texas Division United Daughters of
Confederacy, . . . has given, granted, bargained,
sold and conveyed, and by these presents do give,
grant, bargain, sell and convey unto the State of
Texas for the uses and purposes aforesaid . . .
/i&e land in questlog . . .I'
The aforesaid uses and purposes referred to in the above
quote are found In Paragraph 1 of the preamble of the deed
from the Texas Division United Daughters of Confederacy to
the State of Texas. In this respect, the preamble reads in
part:
for the use and.benefit of the Confederate
Womanis Home to be used by the wives and widows of
disabled Ex-Confederate Soldiers and Sailors; . . .'
Undoubtedly, you feel that such language above quoted
makes the conveyance to the State of Texas a determinable fee
or grant with condition subsequent (conditional fee).
It Is definitely established in this State that where a
deed contains apt language denoting the grant of an uncondl-
tional fee estate In land other language contained in the in-
strument which merelv denotes that the nrant was made for a
particular use or p&pose is not regarded as implying that
the grant Is determinable or conditional. Hughes v. Glade-
water County Line Independent School Dist., 134 Tex. 190 76
S W 2d 471 ( 934). Davis v. Skipper, 125 Tex. 364, 83 S.W.2d
3i8'(lg35); $exas>& Pacific Railway Co. v. Martin, 123 Tex.
383, 71 S.W.2d 86-4).
It Is quite clear under the above authorities that the
deed conveying the Confederate Woman's Home property to the
State does not constitute a conditional or determinable grant.
The disposition of State land Is exclusively In the con-
trol of the Legislature of the State of Texas. Lorino v.
Crawford Packing Company, 142 Tex. 51, 175 S.W.2d41043);
Stiles v. Hawkins, 2C/ S.W. 89 (Tex.Comm.App., 1918); 34 Tex.
Jur. 46, Public Lands, Sec. 25.
Therefore, the answer to your question is as follows:
Should the Board for Texas State Hospitals and Special Schools
-794-
Mr. Raymond W. Vowell, page 3 (Opinion NO. c-163)
decide to abandon the facilities of the Confederate Woman's
Home, said property would remain the property of the State of
Texas to be used by the State of Texas or disposed of by the
State as the Legislature of the State of Texas shall determine.
SUMMARY
In the event the Board for Texas State Hospitals
and Special Schools abandons the Confederate Woman's
Home property for use by the wives and widows of
disabled Ex-Confederate Soldiers and Sailors, said
property will not revert to the Texas Division
United Daughters of Confederacy but will remain the
property of the State of Texas subject to control
and disposition by the Legislature of the State of
Texas.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
Assistant Attorney General
MR:da
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
J, Arthur Sandlln
Ben Harrison
',;;;;;byertson
APPROVED FOR THE ATTORNEY GENERAL
By: Stanton Stone
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