Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., and David Steven Littlefield v. Gregory L. Fenves, in His Capacity as the President of the University of Texas at Austin
This text of Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., and David Steven Littlefield v. Gregory L. Fenves, in His Capacity as the President of the University of Texas at Austin (Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., and David Steven Littlefield v. Gregory L. Fenves, in His Capacity as the President of the University of Texas at Austin) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
No. 06-15-00075-CV
FILED IN 6th COURT OF APPEALS IN THE COURT OF APPEALS TEXARKANA, TEXAS 11/9/2015 9:11:00 AM FOR THE SIXTH DISTRICT OF TEXAS DEBBIE AUTREY Clerk
at TEXARKANA
GARY DAVID BRAY, et al.,
v.
GREGORY L. FENVES
Appealed from the 53rd District Court of Travis County, Texas ___________________________________________________
APPENDIX TO APPELLANTS’ BRIEF __________________________________________________
Kirk David Lyons Texas Bar No. 12743500 Southern Legal Resource Center, Inc. P.O. Box 1235 Black Mountain, N.C. 28711 Tel. (828) 669-5189 Fax (828) 669-5191 kdl@slrc-csa.org
ATTORNEY FOR APPELLANTS APPENDIX
Order Denying Plaintiff’s Application for Temporary Injunction .................................................. TAB A
Order Granting Plea to Jurisdiction............................ TAB B
Littlefield Will .............................................................. TAB C
Monument Protection Act, Texas Government Code Sections 2166.501 and 2166.5011 ...................... TAB D
University of Texas System Board of Regents Rules 138 § 2 and 60101 § 2 ................................................... TAB E TAB A Filed in The District Court ofTra~:: ~o~n;~ .:•xas 'fA A'"'t' , . t.,J,.)
"ih {£ li
CAUSE NO. D-1-GN-15-003330 At M. f Velva L. Price, District Clerk
GARY DAVID BRAY, and TEXAS § IN THE DISTRICT COURT DIVISION, SONS OF CONFEDERATE § VETERANS INC., and DAVID STEVEN § LITTLEFIELD § Plaintiffs, § OF TRAVIS COUNTY, TEXAS § v. § § GREGORY L. FENVES, in his capacity as § President of the University of Texas at § Austin, § Defendant. § § 53rd JUDICIAL DISTRICT
ORDER DENYING PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION
On August 27, 2015, the Court considered Plaintiffs' Application for Temporary
Injunction in the above-styled and captioned cause. Plaintiffs appeared in person and were
represented by their attorney of record, Kirk D. Lyons, and announced ready. Defendant
appeared through his attorneys of record, Susan Marie Watson and Mariel Puryear, and
announced ready. The record of testimony was duly reported by Della Rothermel, the court
reporter for the 250th Judicial District Court.
After considering Plaintiffs' Application, Defendant's Response brief, the arguments of
counsel, the evidence presented, the pleadings on file, and all other relevant factors, the Court is
of the opinion that Plaintiffs Application for Temporary Injunction should be and is hereby
DENIED in all respects. IT IS THEREFORE ORDERED that Plaintiffs Application for
Temporary Injunction is DENIED. fY SIGNED this J...f day of August 2015. TAB B Filed in The District Court of Travis County, Texas
AUG 3 1 2015 ~# CAUSE NO. D-1-GN-15-003330 At . (;..eo . f_M. Velva L. Pnce, Distnct Clerk
GARY DAVID BRAY, and TEXAS § IN THE DISTRICT COURT DIVISION, SONS OF CONFEDERATE § VETERANS INC., and DAVID STEVEN § LITTLEFIELD § Plaintiffs, § OF TRAVIS COUNTY, TEXAS § v. § § GREGORY L. FENVES, in his capacity as § President of the University of Texas at § Austin, § Defendant. § § 53rd JUDICIAL DISTRICT
ORDER GRANTING PLEA TO JURISDICTION
On August 27, 2015, the Court considered Defendant's Plea to the Jurisdiction in the
above-styled and captioned cause. Plaintiffs appeared in person and were represented by their
attorney of record, Kirk D. Lyons, and announced ready. Defendant appeared through his
attorneys of record, Susan Marie Watson and Mariel Puryear, and announced ready. The record
of testimony was duly reported by Della Rothermel, the court reporter for the 250th Judicial District
Court.
After considering Defendant's Plea to the Jurisdiction, Plaintiffs' Response brief, the
arguments of counsel, the evidence presented, the pleadings on file, and all other relevant factors,
the Court is of the opinion that Defendant's Plea to the Jurisdiction should be and is hereby
GRANTED in all respects. IT IS THEREFORE ORDERED that Defendant's Plea to the
Jurisdiction is GRANTED and Plaintiffs' claims against Defendant are hereby dismissed with
prejudice to refiling of the same. $+- SIGNED this 1}_ day of August 2015. TAB C . PL . OF'PICB OF THE VICB PRESIDENT AND CHIRP FINANCIAL OPF'ICER THB UNIVIRSlTY OJI TEXAS AT AUSTIN
P.O. BorBl19 • Alurin., 'JUas 78113-8J19 • 512-411-1422 • FAX 512·411·?142
July 24, 2015
VIAE-MAIL
RE: OPEN RECORDS REQUEST- George W. Littlefield Bequest
Dear Requestor:
This is in final respouse to your Open Recmds Request submitted to The University of Texas at Austin via email on July 13, 2015. You requested that The University provide you with copies of documents pertaining to the institution of the Ocorge W. Littlefield bequest. Specifically requested were documents and agreements pertaining to the monumnents and markers placed on the UT Austin campus and any stipulations around the position of monuments on campus, their care, maintenance and display.
Enclosed please fmd the information you requested. You may contact Ms. Annela Lopez directly at (S 12) 471-8300 ifyou require any further assistance.
MI:blw Enclosure .. 1 -FYL- "w.v-~
~b::~~s:oG~CRG:G w. J. IN THE COUITY COURT Ol' TRAVIS COUlft'Y, TEXAS, IN J!lO:O..\TE, J.AJIU,\RY W.dl!, 1921. LITT:GmlBIJ) I DECEASED . I APPLieATIOli. liilcd Jl'ov. 20, ' 1920. Roq. Vol. 4!5, page 117. .. Now oo~e your petitioners H. L , Wroo, Who rosidoe 1n Travis County, 1- Toxo.s. 'Whitfield Harral. who ~csidos in Dallas County, To:ms, a.nd J' •. P. Whi to, who resides in Ch
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No. 06-15-00075-CV
FILED IN 6th COURT OF APPEALS IN THE COURT OF APPEALS TEXARKANA, TEXAS 11/9/2015 9:11:00 AM FOR THE SIXTH DISTRICT OF TEXAS DEBBIE AUTREY Clerk
at TEXARKANA
GARY DAVID BRAY, et al.,
v.
GREGORY L. FENVES
Appealed from the 53rd District Court of Travis County, Texas ___________________________________________________
APPENDIX TO APPELLANTS’ BRIEF __________________________________________________
Kirk David Lyons Texas Bar No. 12743500 Southern Legal Resource Center, Inc. P.O. Box 1235 Black Mountain, N.C. 28711 Tel. (828) 669-5189 Fax (828) 669-5191 kdl@slrc-csa.org
ATTORNEY FOR APPELLANTS APPENDIX
Order Denying Plaintiff’s Application for Temporary Injunction .................................................. TAB A
Order Granting Plea to Jurisdiction............................ TAB B
Littlefield Will .............................................................. TAB C
Monument Protection Act, Texas Government Code Sections 2166.501 and 2166.5011 ...................... TAB D
University of Texas System Board of Regents Rules 138 § 2 and 60101 § 2 ................................................... TAB E TAB A Filed in The District Court ofTra~:: ~o~n;~ .:•xas 'fA A'"'t' , . t.,J,.)
"ih {£ li
CAUSE NO. D-1-GN-15-003330 At M. f Velva L. Price, District Clerk
GARY DAVID BRAY, and TEXAS § IN THE DISTRICT COURT DIVISION, SONS OF CONFEDERATE § VETERANS INC., and DAVID STEVEN § LITTLEFIELD § Plaintiffs, § OF TRAVIS COUNTY, TEXAS § v. § § GREGORY L. FENVES, in his capacity as § President of the University of Texas at § Austin, § Defendant. § § 53rd JUDICIAL DISTRICT
ORDER DENYING PLAINTIFF'S APPLICATION FOR TEMPORARY INJUNCTION
On August 27, 2015, the Court considered Plaintiffs' Application for Temporary
Injunction in the above-styled and captioned cause. Plaintiffs appeared in person and were
represented by their attorney of record, Kirk D. Lyons, and announced ready. Defendant
appeared through his attorneys of record, Susan Marie Watson and Mariel Puryear, and
announced ready. The record of testimony was duly reported by Della Rothermel, the court
reporter for the 250th Judicial District Court.
After considering Plaintiffs' Application, Defendant's Response brief, the arguments of
counsel, the evidence presented, the pleadings on file, and all other relevant factors, the Court is
of the opinion that Plaintiffs Application for Temporary Injunction should be and is hereby
DENIED in all respects. IT IS THEREFORE ORDERED that Plaintiffs Application for
Temporary Injunction is DENIED. fY SIGNED this J...f day of August 2015. TAB B Filed in The District Court of Travis County, Texas
AUG 3 1 2015 ~# CAUSE NO. D-1-GN-15-003330 At . (;..eo . f_M. Velva L. Pnce, Distnct Clerk
GARY DAVID BRAY, and TEXAS § IN THE DISTRICT COURT DIVISION, SONS OF CONFEDERATE § VETERANS INC., and DAVID STEVEN § LITTLEFIELD § Plaintiffs, § OF TRAVIS COUNTY, TEXAS § v. § § GREGORY L. FENVES, in his capacity as § President of the University of Texas at § Austin, § Defendant. § § 53rd JUDICIAL DISTRICT
ORDER GRANTING PLEA TO JURISDICTION
On August 27, 2015, the Court considered Defendant's Plea to the Jurisdiction in the
above-styled and captioned cause. Plaintiffs appeared in person and were represented by their
attorney of record, Kirk D. Lyons, and announced ready. Defendant appeared through his
attorneys of record, Susan Marie Watson and Mariel Puryear, and announced ready. The record
of testimony was duly reported by Della Rothermel, the court reporter for the 250th Judicial District
Court.
After considering Defendant's Plea to the Jurisdiction, Plaintiffs' Response brief, the
arguments of counsel, the evidence presented, the pleadings on file, and all other relevant factors,
the Court is of the opinion that Defendant's Plea to the Jurisdiction should be and is hereby
GRANTED in all respects. IT IS THEREFORE ORDERED that Defendant's Plea to the
Jurisdiction is GRANTED and Plaintiffs' claims against Defendant are hereby dismissed with
prejudice to refiling of the same. $+- SIGNED this 1}_ day of August 2015. TAB C . PL . OF'PICB OF THE VICB PRESIDENT AND CHIRP FINANCIAL OPF'ICER THB UNIVIRSlTY OJI TEXAS AT AUSTIN
P.O. BorBl19 • Alurin., 'JUas 78113-8J19 • 512-411-1422 • FAX 512·411·?142
July 24, 2015
VIAE-MAIL
RE: OPEN RECORDS REQUEST- George W. Littlefield Bequest
Dear Requestor:
This is in final respouse to your Open Recmds Request submitted to The University of Texas at Austin via email on July 13, 2015. You requested that The University provide you with copies of documents pertaining to the institution of the Ocorge W. Littlefield bequest. Specifically requested were documents and agreements pertaining to the monumnents and markers placed on the UT Austin campus and any stipulations around the position of monuments on campus, their care, maintenance and display.
Enclosed please fmd the information you requested. You may contact Ms. Annela Lopez directly at (S 12) 471-8300 ifyou require any further assistance.
MI:blw Enclosure .. 1 -FYL- "w.v-~
~b::~~s:oG~CRG:G w. J. IN THE COUITY COURT Ol' TRAVIS COUlft'Y, TEXAS, IN J!lO:O..\TE, J.AJIU,\RY W.dl!, 1921. LITT:GmlBIJ) I DECEASED . I APPLieATIOli. liilcd Jl'ov. 20, ' 1920. Roq. Vol. 4!5, page 117. .. Now oo~e your petitioners H. L , Wroo, Who rosidoe 1n Travis County, 1- Toxo.s. 'Whitfield Harral. who ~csidos in Dallas County, To:ms, a.nd J' •. P. Whi to, who resides in Ch (C ontinucd) \,!.J n.., FEn. L.INO RANI( - Pro b~tc //5220 ~ -2- dc~th as practic~ble . 2. I direct my executors horein~fter nc.nod to :P2-Y to IllY brcther, Villiam P~ Littl~~ield of Ken~, Neu l~cxicc, the sur~ o~ one thousand dollars (~1000.00) on tho first day of ~anu~ry of each year and a like Sl.lffi on the first day· .::.f July, of each ye~r o.fter r.ry dcc-.th,, such :pa.y- Iaents to cuntinue during his na.tur-c.l li~c. These payr...ents sm.ll not bo subject to, nor be anticipated by, a.ny kind of previous tr.1m fer or order· nor to o.ny del:>t or dcr.~a.nd a.ga.ins t tl.y s.::.i d brother, and the Lloney shall be paid to l'lir.~ in 11crson in cash if nccess~ry to insure his receiving the benc~it thereof. I also give, devise and bequeath to !i:y said brother all the cv. ttle beloriging to r.;.e on his ranch a :t the tiLie of my · death and rc lease hitl from all debts he li!B.y owe r.te, nnd direct my executors to gi vc hiru. full rclc ase therefror.:. I further give and devise to said William P. Littlefield all the land that has heretofore been deeded to ne and new used 1)y hir.1 as o. ra.nch, and di- rect r:~ executors to execute and deliver to hi~ ~ sufficient deed c.onveying said land to him by proper description. 3~ I direct my executors to pay Mrs~ u. u. Harral of Gonzales, Tex- as, the sun1 of twelve hundred and fifty dollars ($1250.00) on the first dny of January of e~ch year ·and a like aoount on the first day of July of each year such pa.YL'l.ents to continue during her natural. life. I owe said lirs. Harral aeverel vendors lien notes given by me ~n part pay:n::.ent fo·r a farm purchased from ber. I des:tre that my executors pay these notes as they r.ature. 4. I direct r.;.y executor.s to pay to ~y old v1a.r servant, Nathan Lit- tlefield Stokes, . the sun1 of two dollars each Saturaay night during his natural life; also to provide hit1 'Wk. th a home in which to 1 ive ei the:!: by. :perm.i tting him to usc solile :property be1ong3:::rtg to n'!.y estate or by renting a suitable ho1:1e f'o:r hi,r.1. and :paying the rent out of tb3 property of my estate; also to perr.lit him to collect the rent after .~·ty dec.th and during his natural life fror.;. the cottage and lot on 25th Street in the City of Austin, Texas, desc~ibed as West 1/2 of Lot . Numbe~ 12 in block n~tber 8 Whitis hddition it being n.y intention to give and devise to said Nathan Littlefield Stokes:the use, enjoytilent and revenues of said cottage a.nd lot during his natural life , san1e to revert to n~ estate after his death. I also direct n~ executors to see that all necessary living and n~edical .~xpenses of said Na.tben Littlefield Stokes are paid out of r,-zy- est'ete should the said weekly payment and rentals of· said cottage not be sufficient.. When he dies J I des ire that he be buried on i.ly ce~ -;.etery lot, o.nd ~. sui table hee.d- stone erected over his grave, all e4> ens es thereof and of burial to be p~id for by n~ executors. ~ 5. I give and bequeath to a board of trustees to be cor.lposed of H. 1.... \h ce. at: AU3 tin, Texas ~nd thcs e persons who occupy the poo i tiona of .President of the University of Texe.s, Librarian of the State of Texv..s, Li bra.ria.n of the University of Te:xc.s and I'rofes a or of History in the University of Texas as trustees the sur.: of one hundred thous- =..nd dolla rs , thi:s sur.~ to be a:ctded to t11:e fun.d hereto f ore· given by r..e v\.l (cot:l t inue d) . bti Probate /16220. -~- • for the purpose of prepar•tion of a ~story of the United BtateaJ and the entire s~ to be ueed and expended, eo fax as ie deemed necessary or desirable by said board of trustees in the prep.ration and publi- cation of a Histo~y of the United St~tes ldth the plain facts concern- ing the South and Her .:wts s1noe the foundation at the Govermnent r es- pecially since 1860, farily stated in order that the children of the south may be truthf'u1ly taught and persons ~;a turing since 1860 r.my be given the opportunity to inforu, the~elves correctly concerning tbe aouth and especial.ly or the southern Confederacfy. It is my desire that the said boal"d sJLa,ll publish and ae ll said his tory on such tel'lilS a.nd for such price as the ~ii.ajority ::ay deeLl best, a.nd that proceeds of such sales and auoh portion of the seid r..J.oney as r..ay remin shall be invested by said boaa~d in inccm~ eearing property,.and the inca~ used to establish and :.;~aintain a oha.ir of .AL.erj.oal'l History in the University of Texas. The said board shall be cOli~posed o£ th4 persona who occupy said uositions and as eaCh vaoetes his office, his success- or shall take his place on said boa.rd. Should the position of B; A. Vroe beoo.m~ vacant, saD~ shall be filled by vote of a majority of the renaining trustees. Said board shall haove ful.1 authority to invest all or any part of said. sum. to collect and receipt for same, and re- invest same as in their discretion see;~ best, and in general is given full authority to do all things ~easonably necessary or desirable to carry out the purpose of this gift, including such dominion o~er any property belongirlg to ae.id truqt as I could exercise if l.iving and not inconsistent.with the purpose of thiS. gift. 6. I give and direct TA'iY eAeoutors hereinafter n.-:.:~d -t:o pay to Will C. HogG of nouston, Texas t H. A. Vl~oe 1 of Austin. Texs.s 1 and the }2r- son who occupies the position of President of the University of Texas 'as trustees the sum of two hundred thousand do11.ars (v200. 000.00) said cm.:...ittee to use said sum. or so r.n10h thereof as may be necessary to erect a i~ssive bronze ·arch over the south entrance to the campus of the University of Texas, in Austin, Texas. On the top of the arch I wish the~ to place a life size statue of Jefferson Davis, ~ Prea- ident of the Bouth£rn Confederacy. to llis right and below hi;~ I wish the~; to ple.ce a life size et~ tue of General Robert E. Lee, Car.r..ander of tht~ .:"iiTzy- at Virginia, to the left of President Davis and below him anc! o:P:;roaite the sta.tp.a.f-of General Lee, I wish the;u to :place 2. life size st,·tue of General _\lbert Sidney J'o~"'lSton, Co;.:·:a.nder of th.e Arruy ::= ::e:t..""l.essee . Under General Lee I wish th~ to plB.ce a statue of .:-o:.n :._ •. <.eagan, Post: ..aste:..· Q.ener~1 of the Cionfederacy-, and below t.he st.. tua of Eenera.l Johnat on a st~tue o:r:· Ja;..es s, liogG, the peoples' .:oove:r:1o~ a.l Texas. i'he s;:a ce in tho cente:.:- !)etween the two crive- 't.:.~"B ~ .... n ·.a :a:illed a& the co:. 1ttee dee: .s: best. I c~esire the arch l~t t=:.ee. :.s follows: un..!e:- t11e str.tue o.•: Jeff axson De! vie, the follow- iiG: u1:-: :!Bi.c!snt O::L the {ion;faC:.:u.:.tc ... St~tes ~ _·,.: .3:.ica••; unce= the ( oontinuec!) -" ,... .... ,_. ~ I • • .. - - a 4 P t~ P:robate #5220. -4- statue. of General Le'e, 11COiiiDla.nder of the Army of Virginia": under the sta'tue o:f Genoral. Johnston "COW&Jandel' o:f the Army of Tennessee''; under the statue of ltr. Reagan: ''Postmaster General o:t the Confeder .. a.cy 11 ; tinder ·the ·statue of Governor Hogg: trThe l?eoples• Governor of Texas 11 and at .some prolilinent p~aoe the f'ollowtns "This axoh built and donated to the Univ~:rsity of l'exas by George W. Littlefield". The arrange~ent given here is suggeated ~o the co~1ttee as be1ng the best: hoWever, they are authorized to change it or the design sUggested if I theY Wish, ~'!!us prominence however to the statues of the men naDed ·~axe. · I 'DE!lie'Ve the work of constructing seJ.d a.rch should not "begin earlier than three years. after ..the terlilination of tbe present wa.r with Ger.many unless prices of ;~terial are ~educed to a fair level prior to that. time. This ia left, however, to tbe di so:retion ai the oom.. mittee herein appointed to construct said aroh, they being authorized if they deem best., to commence work of construction at aJ1f time·. Any excess of money over tbe amount used to oonstruot such arch shall' be ret.urne~ to ~ executors and the body of my estate. 'I' '1·. I give cmd direct :my executors to pay to the personu who are . Pres1dent of the University of Texas, tbe person who is the membel' of the :Buildi~tg ..Coi'JIUittee of the Regents of said University residing in Austin, and H-. .A. W:roe of Austin. Texas, as trustees the sum of two hUndred and fifty thousand dollars ($250 1 000.00) s~ to be ex~ Pended in the construction of a girls' dormitory on lots one (1) and two (2) in Block 3 Whitis Addition to the City of Austin, Texas, being the lots owned by .ma 11iU119diately east of .m;y present home, a aid build... ing to be of first class finish ana construction. The said lots and bUildlng·shall be donated an4 conveyed to~ University of ~e~s by my executors a.s a ruenor1al to lilY wi.fe.. Jrrs • Ali oe P. Li ttJ.efie ld, and it shall be knoWI~ as the Alice Littlefield do.:rmi tory. I believe tba t work of oonstruc;~tion of said d.orJIP.tox.y shoUld not begin eai'~ier tlJan ~lO years after the terrJ1nat1on o"f the present war with. Germt:mY unless prices of mate~ial are zeduced to a fair level prior to tb4t time: ~u is left, however. to the discretion of tbe o~ittee'h~~ew in a.pplinted to o'onstruot baid building, they being authorized if they deel:l best tb OOJillllSnce work at any time. If 8olly part 9f sa~ d sum rew · ··:ain ~:~.·tar completion of said bu.1lding. sa.ttle may be e:xpended ~or ~- · ~ishing same: It is~~ intention to deviub said 4ots to' said ~niv~~ s1ty with building thereon as aforesaid, subject to revqrsion a~ here~ in provided for, suoh ~nte~tion to be effeot~ted as ~rein set fotth. This dorr.litory is _to be used to acoCWDda'te the 'Fresbr~Bn ~l&as of. Young W~en enterinB the University as the,y need assistance and protectibn :.~ol:e than girls who have been :i..n Univeruity bef·ore :taw~. Girls. of other ola.sses ra:a.y be given accor.1&lodations, bu.t'thoae of'the l'reshfr.a.xi cl.i'. a's shall have pref'~renoe until a.ll dee iring roOi\18 m.ve then. · · · ..'..~.:te1 'said bui~ding is cor.u.pleted said trustees shall execute a.nd deliv- e~ ~o the Board of aegents of the University of Texas e deed conveying ~ '• . (continued) . -,. J:;"J:"n I A.,_,.. ... . •••• .• - Probate /15220. -5- said ~ots and 1Qprov~ents to· the University o1 Texas or to the State of Texas tor the use of the University such deed to provide that the property shall revert to 'Icy' estQ.te if the Yain University sho.~l with- in 21 yeard after ~ death be o~nged frm; ~ts present location near l..Y honJ.e in Austin, Texas. Such deed shall stat~ that branches of .tD.e University may be este.bl~shed and ;,Iaintained el.sewhere and tbat if sufficient ground f'or construction o:f bui~dings cannot be seour ed in the present location, such grognd ~ be sec~red· or UBed elsewhere in Austin, 1'exas. bu~ that .the present campus or any ave.ilable ground in tho n~ighborhood thereof ~t be utilized 80 far asis'consistent . ·with the space ava.iJs.,ble before any building-a for the lfain University .a.r.c constructed elsewhere _on penalty of such reversion. If for any roa.son said lots ·cannot be used for said purpc::a. e 1 then 1 t 1s JJl1' desire· that llzy' executors purchAse with othel:' funds o£ rq estate aui table lots near my house I same to be used tor construction of said dorm tory. a. In case J!JY Wife,. A:lice P. Littlafield survives me, I c11reot that m;y executors as soon as o(mvenient sell so much of D\V personal proper- ty as maybe necessary to_ pay all~ just debts. the sums herein pro~ . vided for and retain. ample ,p.roperty or JaOney to make the annual and o tb.er payments hereinbefo;r.e provided for and all pro}?able expenses • . In such case. I give, devise and bequeath to ~ wif~ all thS residue of my proper-ty~ real, pe:rsona~ and mixed, I~ such case I it is my desire that my executors hereinaft~r named abal.l if agreeable to my WifE! act as her agents a.nd Lianage the proPf:Jrty belongins to ber and · operate her interest in the YellOW Hwse Ranch., J. P. 'V(hite of Rm.well. lTew ).JeAico, to act as· manager a.t the s~lary fixed in another par tion of tl11s will.. It is also my wish that should it ever be necessary to have guardians of her pere on or estate appoint ad. tlla 1! sai¢ J'. P. · White, H. A. W,roe _of Austin. Texas, and l)r., Whitfield ll.ar~l of Dal.. lS:S, Texas,. be appointed as joint guardians o~ her per_s on Slld estate ·or- either as tl;le case may be. · 9. I hereby appoint , designate and con.stitut13 K, A.Wroe cf Amtin, .Texas. J. P. White ot Roswell, lTew ltexioo and Dr. Whitfield Hanoal· of Dallas, Texas the sole executorEJ of this rrr:r last will and testB.111ent, · and I hereby provide that no actl.on shall be had in. the ·county Court or other Court of Probate in this or any other state in relation to the settlement or adQinistrat1on of my estate other 'than the' probating of this will and the return of an inventor,, appraise~nt and list of olai.lil8 of ~ eata te. I :further di~aot that no bond b:r other secur- ity ehall be required of tq executors or a.ny of ther~ in such capacity. · The above provisions as to bond and as to action of the probate court shall appl.y hi full force to all t rustees na.liled herein a.nd espe cial1y to thea e p:rovi sions of this will naming a.s Trustees the &al>le persons who are herein naru.e.d as executors. Such exe·o ators shall receive $300.0. OQ each per year as full oor.Lpensation fort heir servic'ea. such j_)ayl:lent to be in 11eu of all compensation fee or cor.:r..ission provided by law. • (cC?ntinued) . (\ \,;:J ,• .· ,,·, Probate #5220. -6- 10. I hereby give and grant to r.1y said executors, when q ualif"ied, · full .a nd absoiute dominion over proper:ty of my estate ·(including a.ny and al~ community estn.te to \\hioh 1ay wife might be onti tle d., but for t~e provisions · of this L~ wi11) and they are bercb~ authorized ac- cording to t~eir discretion, to .r.1anage, control and dispose of t.he awae; a. ell, convey or en~umbe.r saxac • to borrow ~oney all in the a mae manner that l could do if aJ.j,ve. · 11. In case my wife does survive lile, this will shall take effect as. i f paragraphe numbered 5, 6 ~nd 7, end 12 to 33 inclusive, had not been included herein. In case she does not survive me. then all pfl,rts of this Will save paragraph 8, shaJ.l take e:t:fect and constitute LJY. will. 12. If r.ty wife sha.ll not survive me, it is my desire that r.ry ex- ecutors shall as soon as practicable after ~ death convert all per- sonal property belonging to my estate, or so Lluch as r.~ay be necessary to pay legacies into cash, and with such cash, shell pay all legacies herein nnde. Should this be . ansufficient to pay all legacies then it shall be apportioned to the VarioUS lega.tRRS and ~ portion Of 'tzy' land in Hockley and Lamb Counties, Texas shall be sold at such ' time as the executors deem best so that sufficient money to r.lake ail such legacies may be realized. Or :l.:f they deem. best, all the a.ddi:. tional sums needed for this purpcs e o.r any part thereof re.y be de- rived f'I'om the income of operation of' wy pro:p3 rty as hereinafter pro- vided for. 13. I give, devise and bequeath to r.zy nepheWJ J, w~ White, of Mason, Texas, as trustee for Mrs. Hilda Hodges of Roswell~ New Mexico, dur- ing her life time and :for hex son, Welborn Hodges, or his descendants, or nw niec·e, Ida. W. Walker or her descendants a.fto·r her death my three ·fourths (3/4the) interest in lots one and two in J3lock One in the City of San Angelo, Texas.- according to the origine.l plot of said city, · together with all ir,wrovements thereon, said property being known as the Gibbs Block and being the :property in which so.id J. W. Whd.~ owns an ~divided one fourth interest. Said trustee shall have the full managen1ent and control of said interest in ea.li:d pro-perty and shall ~Y the net income therefrom to said Mrs, H0 dges during her life. The rights of said Mrs. Hj.lda.. H 0 dges shall be lir.li ted to the use, en- joYJaent, income and revenues during mr na tu:r.al life. After the death of said Mrs, Hodges, saj~ interest in said property shall pass in fee .simple free from .said trust an·:i ·without lir.u to. tion or remain- der to her son Welborn Hodges, or if he ·oe not living to his descen- dants, and if he shall !~ve died and left no descentiunts who survive said .Mrs. Hilda Hodges, then s.2.id intcreot shD.ll p~.ss to ny niece Ida W, Welker, if living ctr.d if not to hflr descend ....nte, El:nd if she then bo dead nnd have no su:rvrving dE'leccmdc,nts. to her legc.l hoi rs. 14. I give and bequee.th to ny nephew, Yictor P. Hnrral of Gonzc..les l Texas, the sum of one hundred thousand dollars ($100000.00). I (continued) ,. Probate #5?20. -7- furtb~~ give, devise and be~ueath to Dr. Whitfield Harral bf DalUas , Texas, as trustee· ~or Victor F. Harral during his nntural life the fa.rm of two hundred ··.e..cres on which he now liyes,' ·being the f'arli.l I Purchc.sed fror.1 Mrs • .M. ll. Harral, o.nd the 115 acre fart~ I own on the Guo.dnllipe River a.djoiping tho. t fan:l and tho 100 v.cres knovm as the Alleri tract of land, Pll being part of the J, M.· Salinas grant in Gonzales, County, Texas, nnd being all the land I awn in said cpunty except the ~05 acre·tract hereinafter referred to. · It is my inten- tion to limit the rights of said Victor P, Harral in said land to the use, enjoyment, income and rovenuee during his natural 1:-ife, ·and that afte.r his death al'l of said three tracts of lo.nd shall ba sold by the s.ai-d trustee at public or private sale on such terms and in such par- cels a e he :may deer.l best :::-.nd the proceeds of such sale after payment of expenses divided equally share and s~rc alike between the wi~ow of said Victor Ha.rrall a.nd his surviving children free fron1 said trust. Provided, however, that if any child of satd Victor P. Harral shall · have died leaving ~ child or children .that survives Victor P. Harral, such grandchild or grandchildren ahall t1~e such share of the proceeds of said property ~s their said deceased ~.rent, being a child of said Victor Harral, would take if it were living. In case said Victor P. Harral shall not desire himself to cultivate said land, sv.id trustee shall ruQnege and control it, renting it or handling. it as he deems best and the net incor,::.e there.from during the lifetir.1e of said Harral sh~l be paid to him, it being distinctly ptovided that such net income shall not be subject to any debt or demand a.gai· .. t the s.c-.id Harral, · nor ·.be anticipated bya.ny kind of previous tran..... er or order, ·emd that s~d shall, if necessary to ~ssure his getting the benefit thereof be paid to him in cash i~ person qy said trustee. I also give and ~e- queath to said Dr. Yfuitfield Harral as t.rustee for said Victor P. Har- ral the 105 acre trEt.ct of Ja nd adjoining the farming property here~n above described and known as the Caldwell or James Smith tract of land being in Gonzales County, TeXliis, Said tract ·am 11 be held and mamiged by said trustee as herein provided for three years after TJY death an.d then Shall be sold for cash or credit at public or private sale· and the proceeds delivered t.o said Victor P. Harra~ and to be his. :tr operty ·. free from said trust • . 15. I give·and bequeath to Mrs. S~llie Duggan, of Littlefield, Tex- as, the sum o:f fifty thousand dollars Wooooo" 00). I also· give 1 de .. .vise and bequeath to her all the labors and fractions of' Ja bo rs in the County of Lar;.ib~ State· of ·rexas lying north and east of the l?ecos and No~thern Texas ~-ilway line belonging to n~ and not sold at the tir.te of ray death, sald labors having been plat ted by W, D. Twitchell and being shown and ident~fied on plat recorded in said county . as labora 1, 10, 11, 18, ·and 20 and part of labo·re 3, 16, and 19 in Cap- ital League 6?1; parts of labors 2, 3 and 9 in league 68?; labor 4 in Leaaue 666; part oi' labors 7 and 24 in League 658; .part of la.boru 20 (continued) .-- I • 73 ·' Probate {fo5i20 -a- and 25 in. r~eague 659 and all' of lab or 11.~ in Lcc.gue 660 ~ All of JlfL bors 3 , 4, 6 L.''· ud 7 i.n Leacue 6 60 in said County including land on both sides ot: said rail:road shall also oe included in said devise .. I c.lso gi.ve, devise and beque&.th to the said lira. Sa.llie D-uggan' who lives in Littlefield. Texas 1 all lots in the town site of Littlefjeld, Te~v..s 1 as shown on plc.t r..<:l.dc by \7. IJ .. Twi tcholl ·:J..nd r.ccordcci in the plat recorgl:s of L..'"'J:'b C cw1ty, Tc:;::.:.s, th;;. t hG..VG not c:. t the date of ;· ~ d61e.th been sold or utili~od by r.J.e fol~ building j,1Urj;>os cs ~ that is E'.ll vacant .lots in said to·wnsite then owned. by :;:;~e. ! also give, devise and 'J:?equeath to sa.id ~iTs. Scllie 'Dug-g6n lots 3 c:..nd 6 in Block 54; lot 17 in Block 20~ lot 6 in Block 47, Lot 12 in Dlock 48, lots 20 and 21 in Block 29 and lots D and 3 in Block 24, all in said town of Li ttl3 field 1 LaHb County, Te::::v.s ~ a a cording to sa.id pl.::.t with all ir.·L- prove;.~ents thereon, being the five residences, the hotel nnd store- house in ~aid town ·now ownec-: by :-·.e. 16. I give, 'devise anC. be1:1.ue2.th to J, :P4 :.Illite o:{ Roswell, New :.:exioo, ii:Y undivided half interest in the L~ :;:,. D .. stool;: f.:o.r:.~ of 1250 e..cres in said st~teJ '!.:e:n~; t!1.e b::;:-igc:.t ..!C.. f.az.l;~ belon~inc one ha.lf to hi!.;.a.nd one hc~f to ;·_e ne:c.r st::.iC'. city, together with all r.-;r in- terest in all stock,· i;_plej·.ents ~~ nC. e;..Lui:p;.:.cnt l.>elortgill(: to s o.id f C?.r:-. and loc~.ted theTeon at the ti:·_e of': .y d.e ..~th. I c;.lso giv~, devifie c:.nd beque a. th to a aid J, P. ~\r..1i te all : .y 11c:.lf i '-1 t crest in s e veral e:·..a.ll tr~cts of land in s c.·.ic: s·cc:~ te oi 1i'~n1. ~-e· :ico a\7neC. mlf by hi:: .:.nd !Elf by :u..e anc. si tuc::..teC.. in 0ha ves (me. .. toosevelt C.ounties, in seid st~~tc, 'L eing all the interest·s in l::"'..ncl I own in a L'..i d C auntie s. I fu:-cthe: ai vc a.nd bequeath to said J, J?. Whi. te tm su11J. of one hun- d~ed thousand doll~rs (~iooooo.oo). · 17. I give~ devise and beque~th tq L~ niece-~rs. ~dna L3lone 1 Who resides in Aust~n, Texas, tre property new known as tm c..,ueien The- ater property in Austin, Travis County, ~exas, including the ro~r portion back to the alley being ~art of lot one (1) in ~lock 8a tf said city, be ins the s.:.r.e _ r~~:;,1crty bcught by :;,;~e ( e.t col'ne:;.~ of Con- ~l~ess .Avenue and Seventh Street) fro:u~ Jru.lElS H. Johnson et al on Octobor 4th, 1912, to which deed and the record thereof in Book. 263, pogcs 544 to 546 of tho deed records of Travis County, Taxes, refer- ence is nr.de for des.criptlon. I ~:~oleo give .:-..nd bequo<:!.th to so.id Mrs . :SdnC~.. llc.lono the sun1 of sixty thQus. rmd dollars ( ~ 6 0000.• 00) • 18. I give, devise and bcque~th to Dr. Whitfield Harral of Dcll~s. Tex2.s cs trus toe for Edgar Ho.rro.l of :ftoswoll, Ncvr 1-liexico, the twenty tnrco (23) ncrcs of land nc~r Roswell~ New Ucxico upon which said Edgv..r Ho.rro.l now li vcs including the hots. o and all ir,lproilcraent s thereon; and lot nuober one (1) in Block nuuilier 30.in the town of Littlefield, Lo:r:ib County, Tcx'-'..S, together with v.ll ir.lprovenents there- on being the banking house ins o.id city owned by me c:w.d now occupied by the ~ittlcfie~d Stctc ~4nk. I also give and ~equc~th to a~id Dr. Whitfield Ho.rro.l ca trustee fol' se.i d Edgt.r Hc..rro.l the sun-:. of ( continued) . c, - ,.J .· ,. ·Probata #5220. -9- • thirty thousand dollc.rs ($30000.00) sa.id sur.1·of t>oney to be invested by anicl truf.ltce in incor.~c producing property, or to be lent out, nt interest, or pert invested and p~~t lent out, or invested in bonds, Said trustee sh~ll h~vc tho full r.:.o.nc.gcr:cnt c.nd control of ['.11 ~nid property, end if s~i~ Edg~r Harral shell elect not to live en sald fc.rra said trustee shell e.lso rent it out or hc.ndlc it a.s he deer.:s boat, :pa)ing to the s~id Tidgcr Haxrc.l tho not incor.:c fro:r.! s o.r.1e so long ~s he shall live. The rights of sc.id Edger Harral in s~id property shell be lir:i ted to the usc, onjoyr.-;.cn t o.nd revenues during his no.turo.l life; possession of nll pcrsono.l property s o.ve income to be held by .said trustee :-.nd po.yr...ent of incoi~e not to be antici-- pated by ·any kind of trans£or or order nor subject to any debt or dcr.:.o.nd against sr:".id Edger Ho.rral. Net incox:1.e sh..."'l.ll be p?.id to hir:1. in person in oesh if nccesa~ry to ins~o his receiving benefit there- . of. After the deo.th of s cid Edgar Ho.rrc.l ell tho so.id property here in described o.nd be longing to a aid trust shru 1 be sold a.nd the proceeds di vi'ded between· tho widow of :mdgar Harro.l, if she survi vcs hir~, o.nd his surviving children, share and sh~re alike, c.nd se.id trust s~ll termin~tc . If ·cny of his children shall ~vc died be- fore his denth, ~nving n child or children, such child or children sh.""..ll inkc such interest in auch proceeds o.s thei:r said p::t~Xont would he. ve tv.kcn hD.d it lived. 19. I givc 1 and bequc~th to r.:y nephew, George T. Littlefield of Kenna., New J.!exico the sum o:f' one hundred and forty thousand dollo.ra · ((;,140, 000.00). .But my executors a.rc di roc ted to deduct from this aur.1 before ~yn1ent is t~ade n.ll sur.lB duo to ny este.te on notes of so..id Goorgc T. Li ttJe f'ield. 20. I give o.. nd bequeo.th to the following no.1:1ed :Persons the re- spective BUlils following their na:raos: Mrs. Eliza. beth French o:f' Ros- well, New Mexico, one h~drod and forty t4ous~nd doll~rs (0140000.00); :Mrs- Lizzie H • .Howell, of Luling, Texas, twenty thousand dollo.ra ($20000 .. 00); Jo.r.1es R. Key o.nd his· children by his first wife, Lule. Hnrrcl Key· of ~J~pnssa.a, Toxns. ono hundred ~d forty thoua~nd dol- lnra ($140000,00); Ji1~1 hcs been a good fc.thor and husbo.nd cnd I want hir1 to aha.ro equally VIi th s~id children). Shelton G. Dowell of Douglns~ Arizonu, twenty thousand dollers ($20000,00); M~urice Dow- ell of Luling, Tox~s. twenty thousand doll~rs ($20000.00); Dor~ Alice Fitts of Luling, Tcx~s, twenty thousand dollc.rs ($20000); J. W, Wnite of 1W.son, Tcx~a, one hundred ~d forty thousc.nd dolL.'"'.rs (0140000.00); George S. Dewell of .l\.uatin, Tcx.."'..s, ten thousc.nd dolll:\rs (~10000~00); J. C. Butler, nephew cf said George S. Dowell, ten thouscnd dollars (010000.00); John H. l(fhite, Senior of Cor.: o, l{ississippi, r:,y ht~.lf' brother, thirty thous~:>.nd doll~rs (:jp30000. 00); John H. Whi to, J"unior of Crons~w, Mississippi, twenty thousand dolla.rs (~20000.00); ~rs. Rosl:'. Wast, dcughter of John H. \Titi.tc, Senior twenty thousl:'..lld dollD.rs (~20000.00); Monroe White Copeland, ~r~ndson of John H. White, Sen- ior, ten· thousand dollars (~10000.00); Dr. \f.hitfieli Harr~l of Del- lee, Tex~s , one hundr~d und forty thousand doll~ rs ($140000.00) . (Ccntinued) '/~ .. Pro 'q.a.te · #5220. -10- 21. I give o.nd bequceth to lliss Selr.iD. Lindblc.d, who h2.s been the nurae·und·constant con~~nion of L~ wife the s~ of fifty thousand ($50000.00} d.o.lln.rs. This bequest is conditional upon Miss Lind- blnd rer.minJ,ng with -z;y \df'·c c.nd c~ring :for her until hor deu th. If she sho.ll fail to do so., then this boc;,uest sho..ll lo.:psc, c.nd sho sball reo eive nothing fro~·.~ r:.y as tL.. tc--:----- 22. I give, devise ~nd bc~uccth to Mrs. M. ll. Harral of Gonzales, Texas, Lot One in Block t~cnty seven in the town of Gonz~les, Texas, being the house and lot she now occJj.:pies r:..s a hcr.~e, hor right to· be lin~i ted to :poesessi on., usc c.nd cnj oyr;:.cnt during her n;;.tur.::.;t. 'life J sa.id property {!t her de:::.th to vest in r¥ niece, Mo.ry Hc.rrc.l', to who:r:1 I devise the rmaa.inder ·Q.f't.::lft tcrLlina.tion o:f s.aid li:fe estate.~ 23. . In coso nzy vdfc docs not survive r~, I give, devise and be- queath to J. P. White, of -aoswcll, :now I.Iexico 1 H. ·A. Vlroe of Austin, Texos, and Dr.• Whitefield 1!.:-.rrc.l of D~llc.s., Te:x:n.s, c. s trustees. for Mrs~ Pearl \Vhite Wroo, vdfa cf s~id H. A~ Wroa, Miss Libbie White, Mrs .. Alice 1!. D~niol a.nd l.~rs .• Christine L. Buford., wife of R.,. A. Bu- ford, o.ll of Austin, Tcxo.s., l::rs .• Sa.rcll W. lliiurplj.y, wife of ·J. M. Mur- phy, nnd :Miss .Mcry Hal'r ! 335000.00, U. S~ Pcnama 2%, $50,000~00, v. S. Liberty 3 1/2%, 13000.00, U, S. Liber.ty 4%, $7000.00 being the bonds convoyed to me by the Ar~erican National Bcnk in exc~~nge for ~he Littlefield Build- ing in Austin, Texns, Should any of acid stoc~ or bonds be sold or collected prior to t':Y deeth it is :r.~y desire t.hD.t other bonds. money or pro]?orty of equal v~luc be substituted therefor c.nd puss to s~:?.id persons in lieu of those so sold or colloctcd4 In cc..se the Ameri- c~n Nntional Bank sh~ll exorcise its option to reconvey said Duild- ing to me or tlY esto.t e ~nd der.m.nd r econvcya.nce o..nd delivery to it of said bonds, I desire said building and c.l.l ground.coverod thereby to peas to scid trustees in lieu of a~id bunds uith like effect aa if it had been specifically so provided herein. The said trustees shall hold, Lnn~e end control tho acid stock and bends, voting said stock 4B a unit as the nujority ot so.id trustees decns best, and shell hAve full power to do (',1·1 things with reference to said ·stock ~nd bonds thct I could do if ~live. and especially :power to ccllect · ~ll dividends, interest end princi~~l When duo, to reinvest the pr~n~ cip-Bl in other inoOiae producing p'I'o:pcrty and to e.Jtchange for other (continued) 'Ib.. 76 .. '.Pro be. ·te {,~5220. -11- .property t}lc bonds or <:>.ny of ther.t or D.ny pro1:erty b clanging to this ·trust or to s ell sCJ.~le a.t public or pri vct e s2-la on such te rr.ls D.nd ·for such price o.s they r.-.ny doeli~ best and. reinvest tho proceeds in other inco~e producing property uhen th~y.or ~ ~mjority of them dee~ best, to pay a11 tax~ and charges of every c;bnractcr on o.ny p.r.o .:Pcr- ty of s£>.id trust of ::my kind held by thel'.:, to ;.;&o.ke nll ·c ontrc::.cts and do c.ll things rea.sonably necesso.ry or desirable in the 't:o.na.ger.~ent care: and control of a.ny property belonging to said trust, including the power to mcke repa.i;z:-a, ir.:prcveticnta, al terntions 1 to contract for in- surance, advertisciilent nnd the like, the enu;.·~eration of certain pow- ers not to be held to li>:.i t the bl~oad grant herein r-:ade 1 and shall Jte·Y the net incor.:e recoi ved fran s c.id prope:Lty s ha.rc o.nd share alike (after deducti:ng the :t'leyr.1ents hereinu.fte;r provided for Mrs .. Alice Wright) to tbc beneficin.rics nD..i:-.ed o.bove and to the descende-nts of· those Who die prior to Janu~ry lat, 1933, the l~tter to take per. stirpes. In case o.ny of sc.id nc.r:ed bone ficiD..ries she-ll die before Januaxy 1st,. 1933 and leave no o~ld or chil~ren, grnndchilq or grand- children, surviving her,. the s~id net incor.~e shall ther ecfter be di- vided as it would have been hereunder hcd such deceased beneficiary not been lilentioned herein. Such pcyr.~en ts sha.ll be r.mde o.s frequent- ly ~s is convenient as·money is received, but the said trustees shall nave the right to retain such n.r:ount c.s is necessary to r. 1 77 l1 .. . . Protlo.te #5220. -12- the sum of' twenty thcusc.nd dolk.rs (~:30000. 00). This paYl~lent shall be m.?.de before the division of ae.id. trust :;?roperty into· cquc.l sh<:'..res I:'..S herein :provided for. she net being a 11 benefici c..ry 11 • In co.se c.ny of the beucfici.:trie s nc.r~ed c.bove shall die before JcnUD.ry 1st, 193:3, vti thcut leo.vin~ a child or chilG.rcn~ grc.ndchild. or grandchildren, who lives or live until so.id C.o.te, then her interest in tm body of· said t:rus t property be divided u.s it vr auld l12.vc been under tre pro- visions hereof' had the na.I:~e o:f such deccc..sed beneficicry not been r::.en ti oned in this portion .of this wilL On Jn.nuary ls t, 1933, the said trustees shall divide the rc•:~e.indEn~ of s.::.id property belonging to said trust into o.s li;any eq,uv.l &ll~~es c.s there t;.:L·e then living benefici:::-.ries n<:r~ed c 'bove ::.nG. dece~.sed bencficiv.ries vtho bn.ve left a. child or children. or grandchild. or er~ndchildren who ere still l~v in.g at said tili:.e. One such sharE sh<:'..ll be delivered to eo.ch of the beneficiaries nm.~d above vn1o still lives and ho.s ~ living child or children grandchild or gr~ndchil(;.ren, such no..r:ed bcnefici ary to t::-.ke full o.nd cor.~:plcte ti tlc to o..nd c-.:tne:rEJhip ~f· such pro:party free fron said trust o.nd wi theut lir.i t ..:-. tion or rcr::o.inder to ~nyone. One share shall be delivered to thG child or chilcren sh2.re·and sha~e alike. of such nar~d beneficiwries whc ~~B died prio~ to enid dnte le~ing a child or children who lives on s~id date. One such shnre shrill be deli vored to tlle grandchild or grandchildren sh<:~re and share £~..lil$:c. o:f each nr.med bencficinry who ms di cd prior to Jcnuary lst ~ 1933, who leo.ves no child or children who lives on sc.j.d date. but wl1.o lecves a grandchild or grcnr:lchild:Len who lives en sc.id du.t.e. The'· sha.ros set aside :for the nc.r:::.cd bcnefici2.ries living on Jn.nuo.ry 1st, 1933, who heve no child or children 0r gr~ndchild cr grQndchildren then living sh.D.ll be rotnincd 'by s L'..id trustees e1nd net i:'lco_r..le tl:c refrcr.: p~.id to the respective bencfici<-'.ries fer vThi;n it is set ::>..:p::'.I't until tho dec.th of' such n.J.r.~cd boneficic,l~ies roforrod to in this sentence. :~.a cL'.-ch one dies. her interest or sl12-.rc so set c-.sido sht:'.ll vest shc.ro end shc.ro alike in the l:'.bovc n0i.lCd "beneficii:'..ries then. living who h~va received s~res of acid ::;>ro:z:>crt~r end in the desccnd~nts of thJs e who h[I.VC died, the l2.ttcr to t~ke per stirpes o..nd nll t.) be froe frcr~ suid trust c.nd to ho.v0 full t?..nd co1Jl:plotc vvrncrship wi thcut lir·.i tation or rcrac.indcr, Should cny of sc.id m:r._ed bone fici::-.ries live after Junu~ry 1st, 1933, and ~7e no child c-r Childruh: or gr~ndchild cr gra:ndchildren .:'.t tn.c.t t ir::.c' but c.ft~rvrr.-.rd mvc b0rn v. child then her smrc so set C.p~rt sho.lJ. ~.,t once be dol j.vercd to her by su.id trustees, end she shall hcve full ·'1nd c~nplete JY.'ncrship thereof free from sc.id trust without li:r:.i tc.tion o.!' rm .ninder to c.nyone. . J,n adopted child, children, grandchild or gr~·.ndchildren £t,s herein used. None of the po.yments of incor~o while sc.id ::;roperty is in the hands of sci d trus- tees, sh~ll be subject to any debt or det.~nd ~~cinst cny of tho g~ beneficiaries, nor be anticip~te~ by cny ohcrGctcr of order or trans- fer and sa:.;·.c shc.ll be r..c:uie in person in o.""..sh, if necessary to ef- fectuatG this intention. ( continued~ 'in I (• n 78 .· .. • · ~oba.te 15220. -13- ~. I 8'1ve, 'devise and bequeath to J4rs. Goorg:i.o. Co::Le of Wil"Bon 001w:t.y. Texas, one }l.nndl:ed and forty thom and dollAr~ (0140090., 00) • n6. ~ g1~~. daTLSe and bequeath tc Ida w. Wa1ker·~f Gonze1es, Te~ as~ the sum of one hunc!red'c.nd forty thou·aand dollc..rs '($140000;·oo);. 26. I give, devise end bequcc.th to llildred 1'. :Boone durilig her nat- ural life the bouse CZJ.d 1ots in ~toawell, lTew Uexico, ehe now occupies a.s .a. hOl'ilG• It is lizy- intention to lil.it her right .to the poss.ession, uee And enjo;rn:ant cf sc.id prcperty during hor natural life with :re• mainder to her desoen.dt:.nts. 27. ·r give, devtse and be~usnth to Dr. Whitfield Harral of Dallas, Texas, ·all stock end notea of the Pi area Oi1 Co~pany 2.Dd al.l stock of the Southwestern Li:f'c Insumnoe Col.~pany CVDl d by Jr.c at the time of fo\V death, a otlc t.o be in addition to othor e;ifts to hiJ;i. . 26. I giv·e, devise ·a.nd beque&th to ::!d .. Rhodes Li ttlef:iWi Vroe, of Austin, Texas, tbe·oast half of BloCk one (l) in'Wh1ti8 Addition to the City of .:S.U3 tin, Tex.:-.s, b oillb 1:.y presant home, together With all f'urni ture and household goc,c!s ~:~f cvary chtlro.cter there' in. · 29. I g;l.ve and bequeath to 'i./3' grandniece, Elizabeth Wroe, thB &UUl of twenty thousand do~lars (~20000.00) saue to be given to her b.Y'my executors within one yenr ~ftor ~ de~th. 30. I have subscribed ~40000.00 to the bui1ding of the jefferson Da.vis.monument on the Jefferson Do.vis ho::..estee.d at Fairview, Ken- tucky.. Tllat autount h.J.s bee!} JE.id. If the directors ohtal'ged with constructing this I~cnun~ent sh3.11 rai ue twenty thousc.nd doll'fl.re nfter the da.te of this 'Will to :!inish this '~nuuent, ·then I direct 2nY' ex• ecutors to pay said directors for said purpose Q.1l adtU.tional sum ~ $10000. 00 i:f needed to finish ·BBii!.e. • 31, I desire that my executors sl:la.ll expend the sum of fifteen thousand dol~~rs out of~ estate for a suitable monument on~ lot in the celiletcry in Austin Wilen Jl\V wi:te and I shall. be buried, /fl 32.. It 1e LW d.esiro that r..-ry executors Blnll operc.te ray interebt in the Yellow House Rc.nch in Hockley and Ic.ob Counties, TEt.xas for :Ci¥e yecrs after the conclusion of the present wa.r with Gerli1WlY or five · yenrs o:rter nJy dec.th shoUld war be conc1uded bel!iore Jr..;f deD.tb •. .Pro- vided th~t in no event shaJ.l such operc.tion continue longer ~an eight years a.fter rrq deo.th. It ie li\1 l'lish tho.t J. F. 'White sbtlll ect as ' canager of the scid roneh under tho diroction of the seid exoou~at' s c.nd tha.t he slnll L-:.cka full reports to tho oxeoutors ;:~.nnua.lly o:r of .. tener a.e desired. J~ftor the expiro.ticn cf the po.ricd above l'fixed ~ executors srell. sell c.ll the lc.nd b elon:Jing to tlo o.nd not her e1n disposed of and al1 ~ intaTest in the cattle, horses, etock. anirAls, ir..pl.et~nts, property tmd equip.nent of avery chc.rnntor on said ranch .. · One r:illi .. n dollars or th13 procoeds of 'the s~lo o£ euah lend and otblr property ~d. C\Ll property not. ctherwiac dl.spoaod of ahc.Il bo dona.ted · to th.a ~ .. :!rd of.i:legonts of tho Univcnity c..f Toms to be used· : !CYt tho construction of c. ma:Ul building fer tho said University, same to {continued) 'It) - .. Prooote #5220. .-14- be const:ru.cted on t m c~ nQY used tloiil occupied by tho said Univer- sity and nom re else. If the University sl:E:.ll before tbnt ti~c .have cons·tructod or xrovided for the construction of c. mill. buildiiJG, then such suz:1 r..IJ.y be used by SBid Beard of :;J.ogcnts for tho CC~nstruction of one or two otl:wJ: buildings t:.l1 to'te constructcc;l. on Qa.i~ ca.r;.puE¥. now occupied:and no- where else. This gift is : .nac on condition tho.t tbo Bct:.:rd o~ Regents sha.ll :po.ss a. resolution th/;1.t tho locc.tion of thG University alnll not bo rettovod :rroc its prcsont position in tho City of :A.l.LS1tin, To.xc.s. :But suoh resolution shc.ll state tbat it is to be undeJ.~stood the.t bronohes of the University r.ay bo r~intain\Jd or estc.blished elsolfhore, Dut that the r.ndn University s~l rcr.ain nt its present 1odat1on, o.nd th~t i.f sufficient ground c::.nnot be secu6ed in the ir::tledia.te no1ghborhood of said QC..i;lPUB i'ar cun$truction o:f buildings for acid Uni varsity such ground r.r.y be secured elsewhere in the City of A\IJ tin, Texas, but tha.t the pro sent cm:~pus or a.vt.i:l.ablo ground in the neigh- , borhood shall be utilized so :fer as is cansistent with t m spo.oe tbore a.va.ila.ble t.efore ally buildings arc constructed elsewhere. It is understood that such a resolution on the part of the Regents would probabl.y not be binc!ing .. blt I believe tbo.t if they pass such a res- . elution ~nd accept thi~ gift. their successors nnd the pooplc of thi~: sto.te woUld feel tho:&molves P.ora.l.ly bound thereby. ··· 53. All the residue of liiy proj,B rty shall b e divided m;:ong ~ va- rious legatees a.nd devisees undor th:ls will in tho followins :Jl.DZll'ler; J:W executors shall ostir.:.ate the cash value at the tir;:.e of r'!y deGth of onch deviso, gift and bequest heroin ~de. the value of estates fq.r lifoJ :renlainde:fs and s1;Jil.ta· interests to .be estir~tcd on tho basis of the actuaries combined experience to.l1les at four por cent interest oon!pounded Qnnua.lly, oxcopt that When property is left to a. trustee or trustees and rWini:ndor shall not be figured sepe.i'ately, but :E gt'.- cies ~d devises to trustees shall bo ffigured at the v~.l.uo of tho proporty left to such trustGes o.t thD tiJr.e of r.;y death, and tm a.d- d;L tional money pas sin i to suoh trust );n'operty undor this section at "this w.:l.ll S'he.ll be a.ddod to the trust eatc.te c.nd be used end disposed of a.nd pass a~ is the other pro~rty givon to such trustees hereunder, When such oo.sh w.lue has boen estimted· for oo.oh l.Gga.toa. devisee, : trustee or trustees o~ bonoficia.ry under tbis will the entire residue .... · of the -property of cy estBto shal.l 11 o divided QClong such dev.isees, · .. · l.og~teos, aad t.rusteea, ao.ch to r.ocoivc such proportion thereof, c.e such eatili'JJ.ted -rnluc of hist mr, 1 te or thair gift• J.cga.oy o:r devise bc~re to thc.tot~l of tba oatir.~tod vnluoe cf all gifts. ~g~cies ~ dcvisos heroundor. ' ~ sorvnnt Jfc.tban Li ttlofiold Btokos is oxccptod fror.1. tre oporaticn of this section of thia·will ~nd shall reccivo nothing h~reundor. In cn~e ~ildrea F. Boone be living When such division of such rosidue is z:ade no estinu:-~te of tl:e vo.1uo of the rel."":o.indcr hel'oin croo.ted of (continued) 8{J RO •' Probate #5220. -16- the horae she now occ-g..:pies shell be ~:.nC.e, but the entire ccsh v·.o.lue of tho full o.vmcrslii:P of sttch property shcll be e sti:~t~ted .:md she shall be allowed to ]Crticip~te in ·such residue in proportion there- to, ~nd in such event, her descendants shnll take only such rer.ninder under this vl.ill and ahc..ll not sll.:.l.re in such residue; if she is dead ~t the ti~e of such division her descend~nt~ s~ll tck~ such portion of such :residue .:-:.o.s she woulc_ t~lce if living. 34. · Whenever in this will ;.>ro:pe:.:·ty is left to one j;e rson as trustee for another :person, persons, or for t.::OO bcncfi t of the Univorsi ty of Texas, such trustee aho.J.l unless li;:d ted he rain, hc:-.vc full pcwer to keep, hold, 1-:-.anage, control c..nd dis:POse of c.ll orc.ny pc:-..rt of such property, to sell, convey OI' cncur.~be:L' or :;.:1-ke contracts concerning se.r.1e in the scr..e r.x.nne:;.~ a.s I could have done in ;.ry lifetime except that no property shoJ.l be cncui;·.bered during the tort:. of uny life ca- tate. If o.ny pro:pe:rty shcll.l be sold except fo~ tl::e purp oae of p1r- titian. the Droceads sl~ll be invested in inco~£ producing P,roperty Which ·shall ba hold by such trustee in lieu of t m property sold. 35 ~ l.:Ty so.i'd trustees without dir.:inishing the general :power given herein are v.u thorized to collect, co~:.p::cn:·.isa,. disch~.r;;e aive releases t sell', tro.nsfer a.n\ o,ssi gn ::my ·cJ..e.ir.~e, bends, d!3bts or liens securing same held by thel:i under the texr."!S of this YTill and to na.ke all ne- cessary or desirnble re:p..~iJ:"S, alter.:\tions or ii~·.:prover.renits in any property held by the~1 under the ter..:a ot this will, and to lAke all. ngreem1ents necessary or desirnble for the efficient -;.·:3llage;nent aad control of said proper.ty, it being r.'¥ intention to authori~e theu:. to nn1aa.ge t}le property as I could if li vin.:1, except cs herein o:;~ressly linli ted. · · 36.. )'lhenever in this wi.ll, a. life estGte is crec. ted in c.ny person with remainder to his or no~ children or descend~nts and nny child of such person shall hcve died before · or after~~ dcnth ~d ~ior to the tir.:e of the dec.th of ita p..-..rent h(lrein r.:_;nti~-nod then i f such child shall h~VC loft n survivi~ child or C~ildrcn, being tnc g~.Rd child or grandchildren of su9h Q..Qoeascd :,:.£rent su-c h gr~.ndchild o:r gr~ndchildren shc.ll tt'.Jcc such interest in t.he property l:n rein F...cn- tionad o.s their sDJtd docao.scd pcrent would ho.ve t:-..ken if li-ving. I ;:,nke this will 4 feeling thc.t I L"!li.l decling feirly c.nd g.ustly with t'¥ relctive.s herein ;·.cntic~1ed,. end vrith tm express dcr.;.c..nd end con- dition t~t if ony of the bonefioicries hereunder is dias~ttsficd and cent eats the probote of this will ~:.r does ~nything, ~r in c...ny we.y cn- courP~gea others to do ~nyth!.ng tc prevent tho probc.tc :.f this will or the r 1 I) r. V 81 .. Pro bc.te #5220 l ... 16- event cor.l"..:.enced v.ri thin fifteen ),teo.rs of t-:y deo.th. l!.s sta.ted above in· c['..se nzy- wife sh;:-.il furvi ve r,~e, ·then pa.ra.grcphs 5, 6.t'c.nd ? and p<:.:ragrcphs 12 to 33 inclusive ~'1,re t'o be · of no force ant! effect llnd this Vlil1 ad:. .. inistexed o.nd r;ry este.te settled a Irl pr c- perty .po.ss a a if theme pc.ro.gre.phe hc.d not been included herein o.nd this in spite of n.nd notwi thstc.nding m1y rule of construction to tm contrary. Interlineations rove been r.:nde in this will es fellows: in parngraph 4, the following: 11West 1/2 of 11 ; in po.regrc.ph 6 tm · words "position of 11 ; in p:tragrc.ph 12, 11 shr1ll 11 ; in :par.:!.graph 18, the wcr: de 11 said Edgar Harral in 11 ; in paragra.ph 22 the word uLife 11 ; in :paragraph 23 the words "Per", '11 is 11 , none 11 1 "r.:on thly 11 and the words 11 cnd deceased bene- · ficiaries 11 ; i;n pm:-agro.ph 28 the w~a-ds r.Whitis ~·~ddition ton; i:n F·ra.- gra~h 30 the words 11 sCJ.id directa· s for said ;?Urpose 11 ; in paragraph 32 the word nthe 11 ; in p~rn.gro..ph 33 the wcrds ".and :rnss 11 r-4nd tm word "b2 11 • • I close with t.he :request the. t these two fri~nds sign this. will as witnesses. In witness whereof 1 I have hereunto signed I~'JY na.Lle this the ls. t day of JUly, 1918. . , Geo. ¥I. Little field. . The above and foregoing will this da.y wo.s subscribed by the 1;aker thereof, George W~ Littlefield, in our presence, he having declared tbD.t the sa:ce is his la.st will and testame-n t, t:.nd 'heving requested that we si{:;n the same a.s witnesses, o.nd in his 'presence ond hl .the presence of each other we hereUnto subscribe our n~es as ~ttesting witnesses this the 1st day of July, 1918 • .. ·n. H. Har·t , Jr. L.JJ.. Co1.vil'ell. 'Endorsed: No. 5220. Eeto.te of Geo. W~ Li ttJo f:i.cld• Deed. Will 'filed Nov. 20, 1920. Fred c. Malone. Clerk County Court , Travis Co. Tex. By W.. ~rerickmr.nn, Deputy. CODICIL THE: STATE OF TEXAS ) COUNTY OF TR.\VIS Know C?.ll t1en by these :presents: Th£1.t I, Gecr ge ) W- Litt13 fiold. do nake, decL.."'l.re £:-ni publish this my first codicil to i.ry wlll of du tc July 1st 1 1918. 1. Mrs. lJ. Y, Herr~l ht'.ving died ::. nd ~.11 n: tcs referred to in p;!. r~- grc.phs three (3) of sc.id will having been F.id, I direct ond it is t~ will thc.t aoid :pc.rcgrc.ph three be given no ~ffcct and horoc.fter held fo~ naught. II. In parD-graph seven(?) · of sc.id will it is provided th~t the deed to bo .e.xecu ted shell provide th.:-..t certain property shall revert to ;,ry csto.tc on c.. certc.in contingency. It is r.•y will and I d~ect thnt if 11\V wif'e, J..l~ce P .. Littlefield shall survive tle, e.niddeed when .... (continued) . 82 . .. ..,.. ,, '\ Probnte #52204 -17- executed e,hall -provide for such reversion t o her and i f sre Gl oes not .:~urvi ve tle then thct s u.ch deed sht>-ll provide for such . re~ersiofl. to the residuary leg~tees under ~~ said will their respective inter~sts to be the so.r.1e a.s in the residue of r..Y. estn.te o.s pr·ovided in p1r~~ gr~ph thirty three (33) of' r.-:y sc.id will', the condition err reversi~n to ~er.nin unobP.nged~ III.. I direct nnd it is my will th~t H. J.;.. Wroe, of Aw tin• Texas, J. P .. White of rioswell, liew .!.lexica, ~d Dcptor Whitfield Hu:.rral of Do.llas, Texo.s act as e:Xecut ••16. I give, 'devise ·r.nd. bcquer.th t:. :Mrs"' Elizabeth French of Rcewell, New li.:.xico, r.:y. undiviC:cd cno-lmlf' interest in two·hundrcC. o.nd forty-one c.cree out of the n .. rt~~Wept c orncr of tho L. F. D. stock fnrra of 1250 o.c ros ncc.r s~id city in s~iC. s ta tc and at:,· it is my w.i 11 o..nd I direct th0.t parngra.pha twenty-one (21) and twon"ty-t":No (22) of r;ry sa.id will slnlJ be gi~en no effcqt nnd be hereafter held for naught. lCI. It is my will nnd I db:ect tha·t, th'J beq1:c.st of one hundred c.nd forty thouso.na .dollc.l'e ($140, 000.00) to Mrs .. Gcorgio. Cole ir. parc.- grnph'.twcnty ...four of r.-;:y sd.d will ehc.ll. be reduced to one hune.red and , (continued) • A~ ~ n 011 t.l v .- .. :Probate #5220. -19- twenty them. o.~d dollars ( ~ 120 • 000. oo) • . . :X:II. It is tlY will ond I direct that the o.r.-:.ount of 1aoney (~101000.00) n...-r.1ed in the last line · o:r par~grc.pp thirty (30) of r;:y eo.id will shall be ~educed to two tn~usand doll~rs ($2,000.00). . X1II: · S~nce r:.y said will was executed. IJ:rs. Poc.rl White Ylroe wife of H. A. Wroe has died le~ving two children, Ed RhodcR Littlefield Wroe and Eliz~beth Wroe. Under the provisions of paragr~ph twenty- three' ( 23) of lilY 'Ba,id will a~id children together get a shuxe of the income from the shares of bt:'..Ilk s. tack. ;:md bonds Imli:ed there in am of the · property ypon ten,-;.inaticn ~f the trust. I will v.nd direct · i;hat acid :pri.ragraph twohty-thre e ( 23) of r.w said will ·be so r.1odifi ed th~t said H. A. Wroe shall sh23e equally with his so.id children iri the said incoi:ne ·and the property referred to in s n.id paragraph when BaLle is thereunder freed fr01:l said trust o. nd thct aali:d share of .sucll' income and property shc.ll 'be ~1 Yided ar.ong sc.id H. A. Wroe ~nd his ·said two children ol' the survivors of ther.1 sl-r.re D..nd sl'k'U'e a. like. These three pcrsonfi?. qr the survivor or survivors of theti. shc.ll take sl)..ch .am re of the so.id incolile o.nd property c.a under the torr.:..s of s.t'.:it! paragraph 23 Mrs. Pearl White WroG v::z ould tcl<:e if she hn,d lived uri til the termi- ~t:l.on of so.id trust o.nd then .hD.d a living chi,tld. . . .. XIV. I will :::.nd direct that par<:~,gro.ph eleven o;f ·T:JY. said will slm.ll be .given no effect and be herco.fter held for naught and thc.t the ~ollcwing oe SUBStituted in· lieu thereof: ' ll. · In case my wife, Alice P. Li ttlef'iold, su:rvi vee lile, this will ·· sh&ll t ·akc effect c..s i~ paragraphs nur.1bered tw;el'\te to thirty-three (12 to 33) inclusive had not ·been included herein. In case she does not survive me. then all parts of this will s.~ve parD.gmph eight (8) shP.ll take effect and constitute my will. X!l. I likewise will et.nd direct that tho.t portion of r.ry sc.id will following J><.'ll'a.graph thir.ty ... ai:x: ( 36) o.s follows: · .· . · "J"a stated o.bov~ in cnse r.:y wife shall survive r.~e, then !Ero.graphs 5, 6, 7 v.nd para.gre.phs 12 to 33 inclusive c.re to be of no farce and effect :and this will administered o.nd r.zy- estate se~tled a.m. property pass ns if those );ll.rcgro.pha ln.d not been included herein end this in spite of cmd notwithst~nding zny rule of constructic..n to tl:e contrary." slw;ll be r.lodi:Uied so as to elililint"..te therefro:r.;. the wards and figures 11 paragraphs 5, 6, am 7 ;::.nd 11 I it being intended by pn.ro.grt\phs XIV o.nd XV hereof t'O so modify ruy soid. vrill tlw..t if my wi:fe does aurvi ve rae p2.l'c.graphs five ( 5), six ( 6) o.nd a. even ( 7) there of slr. 11 nev.er- thaless 'be given ~Meet o.s a po.rt o£ tzy will, ~nd tlk
reL?.ting o.s they do to p~~grc.:phs o-.f r.;y said will tm t do not take affect if my wi;f'e s.urvives.1~·.e r slr.ll ;::.lao in such event fC~.il to tc.ke {continued) 85 effect, but should I s'urvive cy wife. them tho llhole of tbl:a codicil eh.llll to.ke ef:f'oct. Po.rQgrnph.B thirty-one ~of' ·r.v atlid will provides for erection o:r lr..on'U."'":tent on 111 cer..otcry lot. Sh()ulat ~wife au- viva ~e. th1a xrovision of tty will is inoperp.tive, but I suggest f.o her t~ t she lave :r.ty wishes in this matt"cr oo.rried aut • 1'hi ri is only" ~ request and she can do as &he likes. Except as modified by this codicil the said will of dc.t.e JUlY 1st, ].916, shall retain in fUll force a.nd effect. Tho ward "o:rn is interlined in tbe line bof'~ o ·the la.st on page f'our hereof. ~rea. re no otber interl.inelltions herein. Signed by·r.e; the acid George W. Li ttll field on this tm 14th day of October, 1... D. 1919 in the presence cf San &.rlo.n Ll.Jld :a•.o. Roberdeo.u ll'h.oJ:l I ha.ve ro~uc sted to attest this codicil. u.s w1 tneesea: {Signed) Gem: ge W. L1tt1.efield. · Tlie a.bave and foregoing c ad1c11 covering this and :f'our obr pages 1fO.S Bigned by the test~tor George \T. Li tt:S field .. in our. pres- , enoe. ~d we, ·a..t his request, in his presence a.~ in the presence Of 1 each ·other, hereby t\ttest the &mile on this the lAth dny of October J... D. 1919. (Signed} Sa:&L Ha.rlo.n, R. C. Roberdea.u. O~lCIL ~ TWO .. ~ s'L·a.TE ~ TlilX:.B ·COUBTY OF mA.YIB KNOW .Ail. llBN :BY TIBSE . PRESBlllTS: That I. George w. Littlefield, of Austin. Texas," do ~aka, 4e- oJa re o.nd publish this r::y second codicil to :ey- will of dat.e July ilat, 1918. 1. I di.reot and it is liJY will tlnt tha ~ift of·two hundred thousand. dollars to Will c. Hogs, H.. A.. Wroe l:.ild the person· Who oooupies the position of president of the University of Texas as true .. tees to erect a bronze nrch proT1ded for in paragraph six (6) of ~W said wil.l- plall be 1 cree.aed to t}le sm1 a~ two hundred e..nd "fifty thousand dollars ($2Ro,ooo.oo), the otmr Faviuione af ao.id tnra- graph t.o rema.in una.f':fected. Xt a:p!)2.:u:a that it will tate several yea.ra to plan rusd. erect this arch, and I am now oontetJ.ple.ting mking a contract for the c~•.ence::.ent of the W Prooote //5220. -21- 2" As I 'h.:wnt inue during her no. tura 1 life and to be nade unt:ler the sallie con- ditions, circur.wtances and in t11.e 'sa1;1e x.~anner as is :provided· in said ' po.rc.graph for the pay-r.1cnt. s to r.':Y said brother. 4. In paragraP.h sixteen (16) of n~ said will I provided for certain gifts to J. PoWhite. _ In paragraph VI of the first codicil to lily said will execUted by r.·.e on the 14th day of October, 1919, I r~odi~ied thi·s p3.ra~ral>h· It is r.-:y deste and I direct that said po.ra.graph sixteen l16) both 2. a written in the said will and o.s re• written in the said codicil shall be o~ no ef~ect and be hereafter held for naught nnd that the following shell be substituted in lieu there- of: 11 16, I give, devise and. i:>equcath to J. P. White of Roswell, New ~exico all ~zy half interest in several sr~ll tracts of land in said sto.te of New l!exioo owned hal:f by hin. . and balf by L:.e, and si tua-- ted in Chavee and Roosevelt Counties in said State,. being c.ll the in- terests in land I own 'in so.id counties. I further g:l, 'Ve ana bequeo.th to soicl J. P. White the sur.1 o~ one hundred tl:!.ots. and dollars (0100, 000 . . 00). . . · 5, I direct and it . ~s r:y mll that ~ragraph fourteen ( 14) of L~ said-will and paragraph IV of ~Y first codicil thereto amending or changing said j?ara.graph fourteen shall her.ecfter be . given no effect and be hereafter held for naught " . Proba.tc #5220. -22- llow ~x:Lco 1 during his. na.turo.l. life Yd.. th rcr.cd.ndc:r to his wife e. nd children the -ewenty throe :::.ere~ of k.nd nao.r :acswell, New !IcXioo upon which sr.:Ld lll~c.r ~:rrc.l now lives "including tho houeo end all in.. provemonts t}J.creon. end l.ct nucbo!" ono (1) in lJlcck num.ber thirty (30) of the tarn of Li tt:b fi3ld, Lr.7.b C ~unty, Toxas, togothe r with a1l ir.;- provou~ents thereon, tb.c ac:D b.::ing the 'bcnking house in said city · orrnod by r:.e and occUJ11cd by the Li ttl.efield stc.to knk, the r 1gbts of ea.id 11dgar Harrel. ther::in to be li~~itoc! to the l.B e, revenues. and en- joyr.wnt turing his n~turc.l l.ife. :..ttor his donth so.i.d property shall vest in hie w:l.fe nnd .ohildran sh•re ~nd shax'e alike. I further give, devise o.nd be9,uw.th to sc.id :Ddger Hc.rrt'.l the s·uxa of one hundred thous- Oil'ld dollars (\rlOO. 000.00). · '7. It ie t'r3' Will c.nd I di~ect tb.o.t }Cra.graph e cventeen (l.7} of r.:ry aa.id will cs r.od.1f1od. by pa.rc.grD.ph seven ( 7) of tHo first codi- oi1 therein shall bo goven no effect and the s~B is hcrob,y rovokod and hold for rmu.gh t Qld. tb3 fc.lloui~g is substituted thbrofo:r: 17. Xg i vc, d ovisc, end bcquen th to txt ni.ooo :ttru. Edno. Jfa.l.one, wif'o cf Ross l.Ie.lone a! .!..ustin, T:rc.vis County, Toxa.s, tho sure of 01'16 hundrod and forty thouso.nd dol.lAre (~l40,000.00) in oo.sh, rmd sa.id suu of one hundred end forty thousQnd dollcrs ($140,000,00) sball con- sti'tute the total o.rut entiro n;:ount tha.t the sc.id Urs. Dd:m l!nlone Sha.J l Teceive under l:cy' T1il1 c.nd tm .codicils tbcretc. B. I bAvo provided in 1t1> ragroph t.hirty (30) r£ ley' so.:le. wi11 c.a =~odifi~d by pamgra.ph XII of cy seid first ,codicil. thereto ~bc.t 11\1' executors ahall pcy to the directors aharged ~th constructing the jefferson Davis D~onut10nt the sw;1 of two thouse.nd dol.lc.rs (G·2 ,000.00). This B:i~unt is to b o lB id When such directors certify that suffi"" cient funds luve boen soeurod to finish saie. ;.~onutlent when ex,pended in connection with aaid sue ct two thol~Jn.nd dollars ($2,000.00). Should they fa~l .to ao ccrti.ty, witbin :tcur ;rears of :D\V de~th, f.han this g if't Shall lapse ar.Jd bo o~ no furtllar effect. 9. I give, devise, and bequeath to !Use Ruth Key, the daughter of J, R .. Xoy of .Latnpassa.s, Te~s, the• sur: o'! twent:v-fi ve thousond dol.. lara (026,000.00). This bequeJPt is oond1tiona.l upon W.as Key re- ~&A1nin8 with ~ wife A.lice P,. Li ttl.efield and with 1hC c..nd holpiug care for us until our c!. ea.the. If she Bhtl.ll f'a.il to romnin with us unti1 eD.Ch crt us are dead then this bequ:est sb:.ll. h.pse a.nc! be given t'urtl:Jer effect. . 10. In paragraph seven ( 7) of q said wil.l I provide fer -tm •1structi on of a girls doriiii tory on the ~ota :tlo.st of ey prcaont.. hor:.a. :=tis:~ wish th:.t such ·~orraJ.tory snallbe lcrge enough to car~art ::.:...ly ~oo •. Probate #5220. -23- construct s. uch a. de r!4"J..tOE y as I deail'e built on aa.id lots shall be left 'to a·mnjority of tho -trueteoa· n~d in ea.id pn.rc.grc.ph seven of said will .. Olld their decision shall no fino:.l a.nd upon tboir certi- fying thct they:neod 'a.ctdi tional. r.onoy not to exceed fifty thousand doJ.l.Przs {~5o.ooo. OO), l:;s' executors ·s mll. pay tho s~c to them out of' tho property at 1i\Y osta.tc; The dociaion as to whether such addi• tional r.toney is needed T.llly be 1eft until the bUilding is finished if d,eomed boat by .ea.1d trua toes :::.nd by :cy a:x:ocutors by unanit>..ous vote of all. In PQ.ro.gmph tTIIUlty eight (28) ·of my seid w.tll I devise to Ed . :Rhodes L1ttle.tiel.d Wroe of Austif.lt Toxns, tbB Ec.at ono-ht.lf of :Block One (1) in Whitis ~'t.ddi tion to the City of ~us tin, Toxas; being · ~ proeent hol:lC, together With o.l.l. fuTni ture a. nd houaeh0ld goods of every cbnr&cter therein. It is r.;:, des1 ro ::. nd I direct thil t acid ID to.ga Ph twenty-eight (28) of ll\Y ~Uloid will,· do.tod tlB first day ti' J"uly. A. D. 1918, be s. a ilmended thD.t tlle Univers 1 ty of Te~s bo subat:L tuted in plnce of the said Ed Rhodes LittlB~ield Wroe, of hUStini Te~s. so that s~id pD.t"agrepb. t\1enty-eight ( 28) shc.J.l. herec.ftor roM as follows'! ~ uaa: · I give, devise e.nd bequec.th to tbe Uniyorelty a£ Texas D.t .A:Qil tin, Texas·, the Ea.st one-mlf of Block One (l) in Whitis Udd1- tion to tl:le .City of /s.uatin, To.:."~Cae 1 being LlY present ho:ce, toge&herw·it}l the igpTovconts ther.eon situated 6 but not to inolude the furnitUt'c and household goods tmrein; but so.id property &lD.ll not pass to the University o~ Toss, nor be turned over to ao.jd University of feme until After the death of . my belovod wife.. It is r.ry II.esire that tba furni turo a.nd household goodS which I'.lllY be in cy hone tt.t ~ho doo.th of my Wife shaJ.1 be Mndled a..nd diepca.ed of for the bonaf'it ~ OT esto.te by the e:Xooutors to rJi.Y will, .H. J.'.. wroe•, Dr• Whtt.fie.lL HD.rra.l e..nd J • .P. -White·. a. a tl:ey l!tl..y deemb est and proj)er. ll. I ho.ve nnm.ed H• .:.... W'roe, J'. P. White o.nd Dr\ Whi tfioll . Ha.rra.1 o.s exeoutara o-.f l:\7' 11111 o.nd to o..ct a.a trustsee when t.bair du... ties as e xeoutora D.Te ended, should .tmy of ao.id parsons die, or !~l or refu&£1 to fi..uo.lify and a. ct o.a much &J«lcutor m.nd trustee tbe n the · two others o.ct1ng ·with the judge of the District COurt of Tra.via County, TeJraS, fOil' the 53rd Judicial District shall, b.V rJ&3or1 ty voto n:-.r..oo aotle person to t a.ko the ph oe of tln one ..so eying·, or I failing cr refusing. Should rlorG than one of seid namd person& die or rafuae or :f o.11 fr~1 a.ro-· CD.\B e to s.o qu.Q.].ify and 6 c-E; tm n sub .. sti tutos for t.he:rJ al:B.ll be n~ed by the }e-ra on who iu jul.ge of said District Court at Tro.v:Ls County, Te~e. om tle person who is Jr a- siding judge · of t.ha SupreJaG (lourt of Tsxc.s·, or j£ ho, for rmy raa.son, dboe not act, any associa.te Justice of tho Suprene Oourt af Tox...,a act- . ins w1 th :the one of ao.id nt\l:lod persons 1 if ~ny, who doss qm1:tfy ~ · not. In the event substitutes n.re so a:pp&inted and la tar vc.oo.actea occur, they sl:J:Lll be t"illed in lite -mnnsr. The ~sroemnt of t.wo oeu shnll be neoes sary to ~'IS such .u. subat1tute. · Shou~d ·any otbe r (continued) 89 ........ .. Probate {,f5220 . -24- person mr:.ed in1-zy sc-.idwill.<::.s a. trustee die or :fc.i·l qr.rcfuse to uct c.s s·uah trust·ee then a.ftcr <:~. reo.sonl:l.blc tir~c a ~ubstitutc for such · :Person shD.ll·· bc n.......r.::.cd by c. r.~o.jority vote o'f th;:sc a.cting n.s executors Under tzy" Will or ClB board of trustees :-.ftc!' the functions of ' executcr 8 h:!.. vo ended. If for o.ny rc~sun t .b e r.ethod cf c.piJointing susstitutes for any executor or .trU.s:tee hereunder shf:.ll fn.i1 c..ftcr u. reusonable " tir.:c the District "Court of· Trc.vis County on a.ppl.ice.tion of o.ny inter- ested person sha.ll o.p:Point o. substitute or substitutes. This !hl'O.gr~.p~.. :lB. intended to r.:.odify pa.ragrc.ph III o:f the s8.ic. first codicil to· 1-zy said will by elhdna.ting the lest sentence thereof e.nd substituting therefor t.he r.;ethod h,cre in _pros ori bed. Up en the c.ppointr."Ent of any substi tu to under this :a;n..:rc.graph these who ~ tho a.ppointt!erlt ahc1.ll aetormino whether cny bond shall be given or not. ond if thay dec:i,de to require a bond, shall. fix tho at~ _,unt c.nd fom ther ~of e..ncl sha~l pass upon the s~~iciency of the security so required. Thjse ~king tho app.Jintment ar·e:r a.uthori.z;ed to di:spenso wit-h tho giving of bond by any such substi tutc, =tDut to do so tho vot·e must be una.nittcus of th...:sc o.uthorized to r.wJ:(c the a:p;pointr.1.0nt. . l2. In paragraph XI'II of tl}Q sc.id first · codi.cil tt> :~;:w se.icl will this ·1~uo.ge is used: . "These th:ree :persons cr· the survivor or sur· vivors o:f thelll smll tf;l.kc such share of the sl?.ia income and property tl.s under tho tel'Lm of said paragraph 23 JLrs.•• PcL?Xl. .White V/roe w auld ln.. ye ta.ken if she had lived until the terlilinc.tion of s cid true t ::md then had a living child. 11 It iS. l:JY will .. thn.t thm foliowing sentence· be D.dded to ·s<:>.id p~agreph XIII .c:d'tar said langm.g e: · 11 Thia provision w~ th rcg~rd to survivorship is i~tended to govern·onlY should one or more of sa~d three persons die ~t~out leeving a living child or cbildreri4 Should o.ny of .so.id th'ree· :persons die prior to the te:r:cino.tion of st-.id trust and the distribution of the property. leaving a child or children not nn.r.~d -in this pnragra.ph. 12 suc.h child or children shall. t::o.ke such portion of said incoz:w ~d :property e~s its su.id e. eceasstl :parent .would hove taken if living~ · . 13. In the last' part of p~zngraph. XV of nw sa~d first codicil appen.r the words: ~·which letter £'.re to bo opere.tive only if survi-ved by r:y wife. 11 It is r.zy will thnt this be oodified so as to rea.a as follows: "which J.c.ttcr are to be opc:t'::>.tive only i:f ··I survive ley' acid wii'o ... " · 14. It ia ~~ wil~. and ~ direct that pcragraphs two, four, "five • .six. seven, eight. mnc. and .thiri;oen of this coc'!.icil, relating as they do to po.ra.g~phs of ·r.ry· sDi.' d viil~ o,nc! codicil tha.t C:o net tc>$e effect . if r~ wife .survivea ne, shall. also in such event fail to t~~e effect. Tho other portions of' this codicil shall take eff'oct whetbc r I sur vivo rzy- wli.fe or not. If I survive iuy wife the whole of this codicfl sho.ll tc.ko eff'Qct. · · 15. Except o.s r.&odified by this codici'l, the seic;l Will of G..p.t o 'July 1st t 1918 • ns mot!i:fi ed by tho ·f irst · codicil the rot o of date Oct- _pber 14th, 19!9, smll re:r::ain in :full force n.nd effect. 'itt}di.fications (continued) 9.0 90 FED. LAND BANK . .,. .. •: Prooo'tEi #5220. of ll. pa.rt. of a. xnro.gmph shall not a.t'feot ihe rer.lo.inder unless e uch. intention clea.rly a:ppoOJ.rs, . · ; ~5. It' is r.ry des~ro O..nd I horeby C..cclo.re tba.t para.gro.ph tweliy• nine(29) of r;ry said Will. executed on tbe first da.y ~ July A. D, .1918, is hereby revoked o.nd h&ld for naught o.nC. that the following shol~ be substituted in lieu tboreof: . 11 1 give, devlse, ·an.e. bcquecth to JJW gre.nd nioce EliZQ.'\Seth Wroe nnd to D\V groat Jle~·:md Rhodes Littlefield \Tree the sum of i'went:r Thousand D.onars (., 20,000.00') each; the so.r.e to beg iven to her aul him by tty executors within one yeo.r after J·~ deo.th; this in addition to . tho other gifts lUld le so.cies provided for in cy will and t:m oodioi"' ls thereto in Ca.vor ot so.i d Rli"zo.beth W')."oe o.nd Ed Rhodes L1 ttl! f'ielL Wroe. · · ·:t7. · It is. TJ.Y will and I direct and I h&reby bcquoa.th tto H. 1~. wroe, father of Elizabeth Wroe a~dEd Rhodes Littlefield Wroe·in bis awn natlO and right. tho Sutl of twenty thousand Dollaz:s (t20,000.00), . in addition to the gi'tts tm.d lega.olhes heretofore given him in paragraph thirteen (13) of the codicil exocutod on the 14th i:la.y of Octo be.-, A. D" 1919. . . 16. It is Ji\Y' will and I direct tb.a.t pa.ro.gto.ph twenty-seven (27) of my will dated the first day of July ..\. D .. 1918 be hereinafter held for .. naught · .Dild revoked c.nd that 'f'.b following sho.ll be su})eti:.tuted in lieu thereof. , 11 1 giTe, devise and bequeath'·to Dr, WhitfielA Harral of Dc.llns, Texa.s, .oll' stock ot the ·southwestern Life Insuro.JJCe Cof.1lBny o'91)8d by me at the time ot tty death, and .a. s.uffic:ient sum of mon~y in cash lt'.hen c.daed til. an amount equal. to the book vnl.ue of said stock to· nak& · the total 'sum of one ·hundred o.nd e18J:lty thousand dollars (tlBO,OOO .oo) i whioh said sum of one hundred and eighty thousand dollJlrs ($180,000.00J sho.ll constitute the entire and total a.&ount which the so.id Dzo. Whit• :field Ha.rral ahall reoei ve end take uncle'r J:ijl' said will and the codicils A, there to . · r 19. ·It ·is my desi:re that the 1 ollmdna clause in Section ~2 of • ;,:y will dated JUly let. ~918, to-wit: "One million dullara of the· proceeds of the sale of suoh lands ani othnr property and of the pro~rty not otherwise dispoeed. of &ball be donated to the ~oard of Regents of the University o:f Texas to be used for the gonstruction of a Jlain Building for the said University stme to be aoD,J:~truoted on the campua now used BDd occupied by the said trnivers1't7 and nowhere el&e. 11 sba.ll be and t}le same 1& hereby revoked ad l iler.eb.J .111 :reot tbat the said University of Tems shaD. b.e tbe residuary legatee of r;;y estate only. and that aftor a.~l. ~a gao i os &.1'ld ~ev:t ads provided f' or a:r e deliv En' ed to otm r parties as stated in r;.ry wiJ.l, and all the expenses e.nd taxes as providec1 for in my will ~ve been se.tisfied and disposed of in tho Jll&nnor as pzoovl:ded for in my JJatd will and tl:E codicils thereto, t len · all "Qther property' of JIU" estat~, not s& disposed o.Z, I he:reby gban (oontinued) 91 91 Proba.to {15220. - -26- Q11d beQUO~th ·to the lfonrd af RQgonts. o'f· t:bc JJni,.veri'fit~ of TC3X&s to be u~cd ·by that:. .f or the construction of-~ 1i~in.}~l.ding for J~aid pni- vors1ty, so.r.o to ba constructed on tho cc,J:ip~ new ~sofl by thQ !=JO.id University a.nd howhcro also; provided t.hc.~ . thq aqount of the property to bo ~ivcn to tho Univarsity of Te~s ~a rosidUGry legatee. unda~n~ -said w:iJ,.l., sJ::u::\1.1 ~~t, in f:JJ.Y event, oXduod tho a\ll&l c:,f Fi vo Hundre& Thouscnd Dollars (~ 500, QOO. 00) • · · · .20, I ho~aby give unto r-:y executors ful~ _prJrwe:t;. e.nd quthority to or.a.:Ploy such tt.ttorncys and sucib clarioc.l holp o.s tl tb.oL- my bo doa:r;md nocosso.ry, tho porauns. to be ar.:;»loyad to bo loft to thoi~ dis- cretion and judgrn.nt. concerning thG ht\nd).ing ~nc;. ~:.iJJ.istm. ti~ of r;:y estate, tho cxponsoa themfo;r to '9e .::;>aid out o'f r.;y ostc:.to; I a.lso direct tmt CJJ.l t~xca one. oxpcns\ls ~f whets co vcr chara~tor shall be pa.id out of Icy' ostc.to, tb.c.t is. that 11ono of t~o leglleios provided . for ln cy so.id will ::md tho coO.ic;:iJ.s ~l.l }?ec.r ·£mY .JlOrtion o~ the burdon of. nny and ·a.J.l.cxp\l~cs. cc.nnactod Y.ith ny os~nt9 or the t _a xea tha-t tla.Y be due thereon. This codicil to cy w:l.ll, tog'etb.o~ vi tl;l tle _9rigi~l: wil~ ·on·~ . the other codicils thorEitp, while in sep<+rato docment!s p:or.; thf} 1111~ o.nd godioi"1s of L.;y · w~e • .iUioc P,. L:tttlD !j,ol.Q. _n.r~ Q~~taneously r.nde with o. view to tho. oon:~on good o:r our entire co~....uni 'fy -eir~~tc ,_. C!ld it is t.1y desirn a.nd h~ been cy inten"Gicn ~t. tho Iit.lkiDg et: ·the aruJ.o th."'\t they s.t;:!.ll be ·construed together "ffi tP the ili1l ~d QocJ1c.ils therd;o o:f' cy w:f':fo • which I hcvo ttoon, c.nd D.:i;:o hore rcf~rrad to c.nd ·r..a.do c pa.rt herao:f' o.s though•wri ttpn })ero!i.p ..,rd _.for~ wqr4.; 1tmt iEJI, it. is cy intention o.nd de&ire that. the :rill 1.\nd · coa~oil.p D~ ~ r...fe mld 'Q3 will (tlld the 'oodicil.B thereto ~Jbc.1l :t>o n ons.trued as one; \foin:t. in- st.rumeht QDd will. · · Signod by.:me.; the ' sc.1d Goorgo VI.. Lit"l;le:f:i.qld; et .:a.us;;in; Te~s, on this tllL 9th day of liovcr.9er ~ t._, D,. 1~20., ip th9 pres~nc!' of lSrs .Lillie 0 .Epe;ene Et\Fli.V:· i:'.nd ~'-tmie Z. :E:lPiii.J~e, whoc l ·hc.Vo ·.re- quested to attcet.th1B ooa1cil D.S Witn~sees. ~ GeJ. s a e a . a. v. Littaefield. :z :;: .. • .s · - . .. • • c.bove> o.nd forog"o ing ood).oil covering thiEJI c.nd .nine otln r Th~ pogas was signed by the testator, Georg~ w.·· Lit:tq.c:ficl:d in our pres .. once~ ond. wo at his request, in his prosenco. ~nd in. tho presence of oo.ch otmr. hereby C':~tost the O!:lm. orr this th3 ~ dz.y =f Xovember A~ D. 1920. . 4 • . Jil:~:. ·.Li1l~e . C. Eugene Haynie ,.... }l~i~.. J!-. Jl~~dl~·- .( P9.nt~nuecl) . ~ (~ 92 . \i - ,, 2 Probc.te 7r52 0. -27- PROEF' OF WILL. Filed Jc.ny. 11. 1921. Roc. :prob. l.iin. Vol. 45, p<.:>ge 114. On this the 11th G.cy of J'~:mw.ry, 1921, · perscnc..lly t'\P- pco.red in open court. D. H. ~rt Jr., who "being duly sworn, deposes (:'.nd su.ys, tmt on the 1st duy of July, 19I8; he was :present o.nd' saw George \"f. Littlefield sign·the iostrur~cnt f'ilc·d in' this. ccurt on the 20th day of No ver.':bc:r, 1920 , c.t;~.d ncvr shown to hir.~, be2.r ing · cl;bt o on tho let day. ~f July, 1918,. and pur:l;)~rting· to bo tre,- lD.St _will of hir.., tho so.id George W. Little field t o.nd h\..C.rd hir·. J?Ublish · o.m declare the sD..tlC to b"e. his fust will ~nd testo.r.i.Gnt; · tlr. t .at th~ .. tir.e of signing and publishing the a ::.tin s:::.i d Ge: orge, W. Lit t lD 1'ie-Jd. was 21. ye c.rs · of age and of s'aund r.:;.ind; tl:r..t this c.ffd.o.nt anq L.• .A. Colwell,· whose eignc.turc o.ppc11rs on s;;~.id instrui;ient·, on seid 1st dc.y of' July, 1918, then be~ng erodible. witnesses ubo~e tho nge og 14 years, subscribed their no.r..es n.s Wi tncsscs· ·to tho a~e, in the presence and .a.t t.be :reque-st o:f said tast<:!.tor, .nnd in the ·presence o£ eD..ch otb;Jr. That D..:ft~rwurd, ·on tho lOth 4ay of Nov. 1920, s~~d George W. Littlefield died in said County of Trcvis, in which'he lmd his domicile o.t and before his deo.th, oni without ~o.v~ng revo~ed said will, so far as known to off'in.nt • · · D. H. Hart ·J:r •. Sworn to o.nd subscribed in open C-qurt before t1e., this 11th dny of Jo.n"W:".ry, 1921. ~ (Se~l} Fred M2.lone, Olerk County C~urt, Tro.vis Co .... Tex. · :By Vl. '·Trenckr:-;nnn, Dcpu~y. PROOF OF ~Sif CODICIL. Filed Jn.:p,.. llt 1921~ Roc .. :Frob. llin. Vol. 4'5, page 1.1~.· Made and duly sworn ·tc -by n. C. TI;:;berdaau, stating that he was pro sent D.nd 'sc.w Ge<;rge \7. Littlefield sign the instrur.'!ent purporting to be the .first codicil to tlie will· of said Li tt::b fi'cJd • dat.ed Oct."-14. 1919, tho.t at. a.nid tir·,e deed. w~.s 21 years c.ld o.rid of' t ound r.:ind: that aff io.nt m.d s~~ Ibr la.n whcs. e s isnntur e appears o.n · said instruDlent then being credib+e vritnosses ovGr 14 years of c. g~. subscribed th~i.i' xmnl s · ~ w:i tncs ses in :p.r(;'lscnce and c.t :i.~eqm ~t of testD..tor o.nd J.n presence of each otbar; that c. ftorwc.rd3 on Nov .. 10, 1920. s~id George W. Littlefield died in Travis Co. Tex. without · having revoked sb.id will and codicil thereto so f' ar o.s i.s known to affic.nt. . . . . ffiOOF OF 2nd CODICIL. Filed Jnny. 11. 1921, Rec .. Prob. 1Un .. Vol. ·45, p:>.gc .11f?. )fude tl~nd duly s.worn to by Nnnnic. Z. Huddle, stuting that she wo..s present am s.o.w George Vf. Littlefield sign tho instrur.mnlt purporting to be tho second codicil to the will of sc:id Litt::C field, dated Nov •. 9', 192p·,. that o..t said t i!:~c deed. Vl D.B 21 jon c.ra old am of sound tli:hd; thc.t affli'ant o.nd IJ:rs. (Lilly C.) :illugonc HD..ynic 1 whoso sig- nature ap:pears on s a.id instrur.ront then being crcd.i blc wi tnessos over 14 yonrs of.age, subscribed their nc.r.~s cs witnesses in presence and et :request of testator il.!ld in presence of eaull other; the.t aftc;rvmrds {continued) 9J .. Probate #5220 . . -28- on Nov. 10, 1920, ·said George w. ~ittloficld died in Tr~vis Co. Tex. wi tliou.t having revoked said v.ri:J..l and codicil Nc. ·Two thereto -so far as .. ie known to at'fiO::rit. '· · · Si:mi_l ar proof :macto by Mrs. Lilly c. Eugene H.n.ynie on so.iC. d~tod, .Ttm. 11, 1920. · ORI:mra PROB:~TING VIILt. Filed Jc.n. 11, 1921; Roc. ' Prcb . 11in. Vol. 45. page 114. On· this tho- 11th ~.y of Jnnuc.ry, 1921, Car:le on to be ·hee.rd tho application 'o:f ~· ~. Wroc, J. ~. White, end Wbitficli' Harral~ for the pr~bate of a certain instrur.~0nt of writing new produced in open court and ~lleged to be tho h st vrill o.nd tcst .. Proba.te :;15220. -29-· dieinterestedpe.rsoas inso.id-eatate, it is trere:fcre o.r dered tJ::at they, or any two. of the..~ be n..m are hereby ap,p.oi 0 tcd to ~praise sa~ eat~ ·to. J::p..aJ.. n.:p.d.persvnn.1.~ of Geop 'W.: Littlef,ieJJi!' deed, O.~THB OF EXECUTOitS. FiJ.ad Jan. 11, J.921, . Rec. Prob·. ·ltin •. 45, pl. ge 120 .. Oaths tak.en . separately by H .. 1~. \7rco, .J. p. Whi·te, ;and \'lhi tfield Har=-· rall in following fort:. r t CYLi t: I Do del:m;~nly swear·, . tl:il t·. the writing which have been .o ffered. fer pr ooote are the last wia..l.: of: George ·w. · Little:f'ield,.: so far as I kn.:>w or believe,~ ;::md tlat I : will~• well• C!id truly :perforr.1 all the·duties of executor of· sa.-isl: will: of· tlie estate cf George W4.Littleficld, deceo.sed • . E~ch oath duly sworn: to in.cpon court· etc.- , LETTERS !t:B'S~'l:llll:NT'..JRY.. Issued to said Executors. .Jan.ll,.192l,.Rec.· Prob • . Min •. Vol •. 4-5·~. pago 121, ai.Jned by Ccunty Clerk, Trc.vi-s Co. Texas. INVLm·ro:ay AND JJ>B1.·~rs:G!~NT •. :M'iled J:?cb~. 24, .1921, nee. Prob. l.::in. Vol~· 45, . :page 275·. Uow· oOlite your appra.ise1•s., L. J. Schneidel~ ... .:.... T.·Knies.·an d Fred E •. Rightor,: three disinterested persons,.citizena of Travis· County,· Texas, .lierctofo:re appoil'lted by the Court,. togetbe-l' with the Exe cutol's ~· H • .~-i. • • Wroe, J. P ... White and Whitfiold-Hcrral and subli~i t the follow.ing inventory and a:ppra.iser.1ent, : prodl}.ced before the undersigned appraisers on 21 do.y of Februo.ry.-192-l , ,_by H. · .A. Wroe~(J ... P.White vn (contiziued) Q !:'1 vV Probat.e #5220 -30 do 7.34 4520.4 2?~122.40 do 735 4523.0 27,':1.38.00 do '1;~6 4541.7 27 r'250.20 do 733 320.2 1. 9_21."po Strip do '132 2~0.0 1,~4~.~0 West In Lanb County, Texas. do 661 4514.8 $36,.118.40 do 662 45??.8 :36;622.40 do 674 Jno . H. Stephens section . . 4431·.6 . 3Q •.462.80 .. ·do ' 4 759~3· 4.555:80 do 5 72e~~ 4~i73.40 .do 6: 288.8 1.~32.80 Longue Lo. bor Acres va.1~· 659 ? N. l/2 88.5 $1~106.?5 8 177-~l 2.215.75 20 88 .. 5" 1,~06.?5 24 N. E . 1/4 44 • b · 550.00 25 86.0 1•'0?5·~00 I . . 563 5 ·3. 1/2 94.0 1~ 173-.()0 19 w. 1/2 88.5 1;~m6.25 23 w. 1/2 9? ,.3 l~:?i6.?5 665 20 w. l/2 88.5 1;:J.Q6:?5 21 . 177:1 2.?13.?5 25 Part of S Ry 80~0 l;OOO.()P 666 7 177~1: 2;213.?5 14 N. 1/2 88 . 5. l.i06.25 18 w. 1/2 88.5 1,~<;>6.25 21 1~7.1 2;.213.75 ' 22 :;; . 1/2 88.5 . 1.106.25 25 E. 1/2 a8:o5 1;io6.87 1/2 6?2 9 P~rt s.of Ry . 40.0 56o.oo 12 l??.l 2213.75 18 177.i 2213.75 19 17?:1 2213.75 573 16 17i.1 2213.?5 21 88.5 1106.25 .· 25 17?;1 2213.?5· 675 1 17?.1 22i3. 75 9" 1?7.1 2213.75 10 17?.i 2213~75 11 17?.1 2375;75 l2 1??.1 2313 .. ?5 13 1??.1 2313&i5 (continued) Probata #5220. -31- . In La..;~b County , Toxc.s . La ague Lo.bor ..',.crcs Value 675 18 177.1 $2315.75 19 177.1 2313.75 20 177.1 2313.75 21 193.-3 2416 .. 25 22 193.]. 2413:?5 25 192.8 ?410.00 24 192.5 2406 . ·25 25 192:6 2407 ~50 68'7 2 177.J. 2213 .. 15 5 177.1 2213:75 4 1'7!7.1 2213~75 ·5· 190~0 2375'. 00 6 F/7 .. 1' 2213.!75 9: 177.1'. 2213~?5 11· Pc.rt S. of Ry.. · 150 .. 0 1875 ~o-o 12 17'7.-1 2213 •.75 14· 1'77 .1' 2213. 7!5 l:6 186 •.?· 2333.75 17 1as .. .rr 2333.75 18 1!77·.·1 2213.75 19' 177 . J.. 2213 ·-75 20 1?7.:t 2213.75 21 194.4 2430._00 - 22 177.1 2213.?5 23 194v3 2328 .. ?5 24 194.2 2427.50 25 201.·0 . 2512 •. 50 6(!)0 4 194.1 2126.25 5 194 ... 1 242..P.25 6 -1 ?7 .l 2213.75 7 177,1 2213.?5 8 1??.1 2213.75 l.3 Part N.. Ry'. 39 .. 0 48?.50 664 2 s. E; co:rner 27.0 337.50 6 1??,.1 2213.75 14 1?7.1 2213.75 17 1??.1 22].3.75 2~ \1; 1/2 93.2 1165.00 24 189.5 2368.75 1.2 1?7.1 2213.75 20 177.2 2215.00 '21 197~0 2562.50 .. (coMinued) .. .. .. Proba.te #5'a20. .-32:-- In Lo.mb Count·y , Texe4s . ,League Labor .:.eros Vo.lu~ 6'7~ ' 2213 ~~~~~:~~ Ji. I93:1 3 96 .. 5. 9 J:7? ,1 75 ~ 10 .. 17'7 •. 1 2213 •. 75 11 1?'7 .. 1 2215 •. ?5 12 177'-1 2213. 7'5 18 177.1 2213 ~.75 19 N.. 1/2 88.'5 ~1G>6.~5 20 177.1 2213,75 21 177.1 2213 ... 75 22 1?7.1 ~213. 7·5 23 177.1 22:)..3~?5 24 177.1 2213.?5 16 80.0 10o·o.oo 686 5 177.1 2213:75 io 182:1 2283 .. ?5 11 186.4: 233Q.OO 14 17741 2213; 75 15 1.86.6 233·2. 50 16 182.8 22{3p.OO 17 177.1 2213 t 7p BO 1.77 .. 1 221~~'75 .21 212.4 2655.00 22 193.-9 24.2o~?6 23 1.93 .. 8 242.2~ 50 25 195.6 2445~00 .. . •-:• I -4 • •. .,,_ Total. $19?, 936_.87·-l/2 Inter~st of Tetrta'tor being an undivided ;r./2 iiJ.terost in a bov.e lands and those on preceding page (2). T~tal jnterest of testator in t·he lands on preceding three pages' $445~760•• 5:3 ..- . An ·undivided ~/2 interest in the fo~lowing lots~ tract ar parcels of land ait;uated .,in the Town oi' Roswell, County of CbavesJ State of New Ucxico:- Blocks 1.6-. 37 & 38-, Mili"to.xy Heights, con.to.ining 23 a.m:res $·1.380~~·06 Lots 1 & 2) Block ~6, West Sime Addition 2800•• 00 . ·Totd $4180,QO · Int. o£ Testator .being undivided 1/2 int. t209Q.OO {'Cont·inued) 93 ()~~ no . . Probate 1)/.r5.220 -33- · .An imdivided 1/3 interq_st .in the foll.owing lo:ts. 't racts or' par- cels o'f lam si tua.tcd in 'Tlrwn of Roswell, c·ounty of .C!Rves • State of New 'Mexico: · · ·= · Part of Lut 122. Leu's subdivision being 34,9 ' x 181.33' and· 21.33' X 501 . ··<. .~ · ,. . ..~,:!.;~,·.. $'77_9~00 ""'- ... ... :<. · · 'tnt; ·c:r~'T ..'ill undi vidcd 2/7 interest ~n the fcl1ow:i,ng lots , tracts or parce'Js of l~nd situated in Cheves county, New llcxico: . E. 1/4 N·.. vi. 1/4; N. :S. 1/4 s. W. 1/4 ~ S •. 1/2 S. VI. 1/4 Sec. 21. S. W. 1/4 N.: E.·l/4'i N. :1/2 S. E:.. l/4 Sec. '25'; .. -. N. 1/2 N. W. 1/4; .s. ·w. l/4 N. W. 1/4; W. 1/2 s; W. 1/4 :·Sec. 28, lJl.l _ in Twop. 6 SR; 26 ·]l. 520 •.a-.Ores . · ' .' . . $ i .6. 90. oq . E .. · l/2 N. W. 1/4; s. W. 1/4 N. W. 1/4; N. W.. 1/4: S.: Vf· ~/4; S. E.• 1/4 -s. w. l/4; Sec. a: · · · ·· · · N. 1/2 N~ W. 1/4; S, W. ·1/4 N. W.. 1/4 Sec. 1? .. - s~ E. -l/4 s. Vl. 1/4; s~ w. :~1/4 s~:E.· I/4 sec ..~ 26;- w~ l/2 ·N.E. J:/4;-.s.E. l:/4·N.· ·w. · I/4; ']i_ 1/2 s. ~· J/4.. Scc. 29 S. E,. 1/4 S. E· ·• 1/4 Sac. 30; ~ · E 1/2 N. E,. 'l/4; ·s. W. 1/4 N.=E. l/4; s. Wo 1/4 s. W. l_/4 ·sec. ~1, aall . Twp.- ? s. :a~ ·26 E. 84~ o.crcs· · · · · · {27:30.-oq. Lot 1; S. E .. 1/4 N. E. lA, Sflc . _1; .S. E. 1/4 S. ·v~. ' J./4 Sec. 1; . E. 1/2 N: w; 1/~; s. w. 1/4 lT. w. i/4; w.•· '1/2 s. vr. 1/2 . Scc. 1;2; . \V. 1/2 N_: J;/2 Sec. ·13; · s. 1/'2 s: E. l./4 ·s~·c . · 2~; w. · :@·. 1)4 ·Sec. 26, ~11 ·rwp. 8 s. l't. 25 E. :. ·560 acres $ 18~p;OQ .N. 1/2 N.. Total . 6240:oo · Interest of Tes.t£'.tor being o.n undivided 2/7 inter.cst . · · ·1?82~85. 5, ' · Total o{ cil above · $4558.-20..5/? l,n undivided 1,12: interest in tho f:Jllowi ng lots, trc..cts or p:~rrcels of lOJld in the City of .:~us tin, · Trc.vis af Tr~vis ~ Stb.'t c of Texas, towi t: · · · · Lot Block Outlot Division ,. Val~e ? to 12 l. 15, .16 . & 1 7 $40,.090. 00 ( co~tinued) nn ... Pro·bc..to #5220. . · Lot Block Outlot Division vt'.lue ,. ·.. I . . ~ ~ . 2 3 l5,1.6 &: 1'7 D ~.P 2;2·50. 00 l 3 15 , 16 & 17 D · 2,750.00 12 VI. 1/2 . 8 .. l5., 1.6 & 17 D 750.00 1. 83 Orig,,.. Tcwnai tc 50;000.00 ..'~ount :po.id an :::..uccn Tbll~tcr BuilQ.ing t.!i Nov~ ll.,. 1920 49r965,25 Toto.l Vuluo · · · . $145; 715.00 · To stater's undi vidod I/2 into:L·-cst . . . 72 ..857. 50 .An undivided 1/2 ·interest in the f~JJi~~ng ,1qts, tracts or parcels of la.nd in tha Town of Iii ttloficl~f. C olln.ty cf Lcl~:b ~n.d StC'.. te cf TaXD-a. Lot Block • I Vo.lue . . . 1 & 2 30 $2~400.·00 1/2 interest . . .. . 1,,2 00 .90 ..\1:1 undivided 3/8 interest in the foiibwing lots.· :trp..cta · or rarceJs. of l~nd in the Town of San ..;.ngc lo C oill'}.ty of Tor: Green, St~ te of Tcx- C!S , t 'vwi t: Lot Block l & 2 . . $35;000,00 3/8 interest .13 ,125 •.00 (Fellows in:ventory of personal property, notes, , . . ' bonds - • .etc. ) We the undersigned np~ruisers. soler.~ly swear th~t tnc forcgcing is· o, :ty.ll and fair o.pprc.ism;:cnt of the Est.:. to of' .George VI. Littlefield, deed. · ;produced pofore us by H. :~..:. Wroe·j· Wl:ii tficld .Hcrrel, and J. P. White, Executors. · · · (-signed) K~ J~ ·schneider •. .:,.. T. Knies, Fred IJ. Righter. SWorn to o.nd subsc:ribed before .:-~e, this tho 24th day cf ;F~b:~ 192J.. Em&Ja. V. Hny, No~ry Pti.bli:b., ( Soo.l) Travis County 1 Texas • . · We, H. A. Wroe, Wl4itfiold J. P. White; oocccutO'rs H~rrcl, ~nd ea.ch do solElr:nly awec.r th~t tho :foregoing invcnto~y and list· of cl~i:·.~a is,!?. full ~nd cor.·.plcto invvntory o.nd list of tlle property .:-.nd clo.i::.s cf George W. Li ttlc fi oJ:tcl ·, deceased tho.t ho.ve cor.-:.e to the kn:.ml cdg c o::f us or either of us . (continued) Prob..1.te i~5220. Vlnitficld Harral, .r. P. Whi to , H. : ... Vlroe. SWorn to ~nd subscribed bofcrc ;~. this tho --- day ~f Pcby. ~921. EL~ V. Hay, Notcry Public , (SCL!.l) Tr~vis C6unty. Tox~s. .tiled f'or Reoord in Laxnb county Texas, May 10. 1921. Recorded in Vol. 1a, pp. 32a-M?, Deed Reoorda. 1u1 TAB D SUBCHAPTER K. MONUMENTS, MEMORIALS, AND HISTORIC SITES Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or memorial for Texas heroes of the Confederate States of America or the Texas War for Independence or to commemorate another event or person of historical significance to Texans and this state may be erected on land owned or acquired by the state or, if a suitable contract can be made for permanent preservation of the monument or memorial, on private property or land owned by the federal government or other states. (b) The graves of Texans described by Subsection (a) may be located and marked. (c) The commission shall maintain a monument or memorial erected by this state to commemorate the centenary of Texas' independence. (d) Before the erection of a new monument or memorial, the commission must obtain the approval of the Texas Historical Commission regarding the form, dimensions, and substance of, and inscriptions or illustrations on, the monument or memorial. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Sec. 2166.5011. REMOVAL, RELOCATION, OR ALTERATION OF A MONUMENT OR MEMORIAL. (a) In this section, "monument or memorial" means a permanent monument, memorial, or other designation, including a statue, portrait, plaque, seal, symbol, building name, or street name, that: (1) is located on state property; and (2) honors a citizen of this state for military or war-related service. (b) Notwithstanding any other provision of this code, a monument or memorial may be removed, relocated, or altered only: (1) by the legislature; (2) by the Texas Historical Commission; (3) by the State Preservation Board; or (4) as provided by Subsection (c). (c) A monument or memorial may be removed, relocated, or altered in a manner otherwise provided by this code as necessary to accommodate construction, repair, or improvements to the monument or memorial or to the surrounding state property on which the monument or memorial is located. Any monument or memorial that is permanently removed under this subsection must be relocated to a prominent location. Added by Acts 2001, 77th Leg., ch. 377, Sec. 7, eff. Sept. 1, 2001. TAB E (http://www.utsystem.edu) Home > Board of Regents > Regents Rules and Regulations > Printer-friendly Rule 60101: Acceptance and Administration of Gifts Sec. 1 Authority to Accept Gifts and Develop Acceptance Procedures. The authority to accept gifts to The University of Texas System or to any of the institutions is vested in the Board of Regents and delegated by the Board as specifically set out in this Rule. Except as provided in this Rule or any other Rule in the Regentsʼ Rules and Regulations, or approved institutional policies, no member of the staff of any institution has the authority to accept gifts. Sec. 2 U. T. System Gift Acceptance Procedures. The Board delegates to the Vice Chancellor for External Relations the authority and responsibility to promulgate a set of guidelines regarding the acceptance, processing, investment, and administration of gifts. These guidelines, known as The University of Texas System Administration Policy UTS138, Gift Acceptance Procedures [1], shall be adhered to by the U. T. System and the institutions. In promulgating the U. T. System Gift Acceptance Procedures [1], the delegate shall also consider provisions to: 2.1 accomplish the goal of increasing financial support for the U. T. System through the appropriate assistance of donors, 2.2 allow staff members to respond to donor initiatives quickly and with certainty, 2.3 establish administrative processes to accept and administer gifts in a prudent and efficient manner, with fiduciary responsibilities of fundamental importance, 2.4 comply with the Texas Constitution and applicable federal and State law, 2.5 comply with the provisions of the Internal Revenue Code [2] and related regulations, 2.6 specifically incorporate provisions related to the acceptance of pledges for current purpose commitments to fund endowments, and in conjunction with a gift-related naming of a facility or program as follows: (a) for gifts and pledges to name a facility or program, a U. T. System approved gift agreement, which includes defined pledge payment terms, must be in place, (b) prior to the creation of an endowment, at least 20% of the donors' total required minimum funding must be received and a U. T. System approved gift agreement, which contains defined pledge payment terms, must be in place, and (c) the pledge payment duration for either endowed or non- endowed gifts shall not exceed five years. However, with the written approval of the Vice Chancellor for External Relations, the pledge period may be longer than five years under special circumstances, and 2.7 provide that, in the interest of financial responsibility and efficiency, it is the specific preference of the Board that all endowment gifts be eligible for commingling for investment purposes with other endowment funds. Sec. 3 Board Approval of Nonconforming Gifts. Recommendations regarding the acceptance of gifts or other actions that do not conform to all relevant policies, including but not limited to the U. T. System Gift Acceptance Procedures [1], shall be made through the Vice Chancellor for External Relations to the Board of Regents after review by appropriate offices of the terms of the gifts, the nature of the donated assets, and/or the requested action. Sec. 4 Gifts of Art 4.1 Outdoor Works of Art. Approval by the Board is also required prior to the acceptance of a gift of an outdoor work of art. Considerations will include appropriateness with regard to the institutionʼs Campus Master Plan and expense related to installation and/or continuing maintenance. 4.2 Gifts of Statuary Depicting Living Persons. No gift of statuary depicting a living person shall be accepted by an institution, unless intended for display in a museum or for addition to the collection of works of art for display in a museum. Authority to accept proposed museum gifts of statuary depicting living persons, intended for display indoors, is delegated to the presidents. Proposed gifts of statuary intended for outdoor display require approval under Section 4.1 above. Sec. 5 Approval of Conforming Gifts. The Board of Regents delegates to the Chancellor or the president of an institution, following prior review and approval by the Deputy Chancellor, the appropriate Executive Vice Chancellor, and the Vice Chancellor for External Relations, the authority to accept conforming gifts, including pledges, other than gifts of real property, that are not processed or administered by the Office of External Relations, and the authority to take any and all desirable actions relating to the administration and management of gifts accepted by the Chancellor or the president of the institution, as may be permitted by applicable law, policies, these Regentsʼ Rules and Regulations, and the U. T. System Gift Acceptance Procedures [3]. Sec. 6 Gifts Requiring Approval by Executive Director of Real Estate. The Board of Regents delegates to the Executive Director of Real Estate authority to accept all conforming gifts of real property of any value that are not processed or administered by the Office of External Relations, and the authority to take any and all desirable actions relating to the administration and management of gifts accepted by the Executive Director of Real Estate, as may be permitted by applicable law, policies, the U. T. System Gift Acceptance Procedures [1], The University of Texas System Administration Policy UTS161, Environmental Review for Acquisition of Real Property [4], and these Regentsʼ Rules and Regulations, including Rule 60103 [5] concerning guidelines for acceptance of gifts of real property. Acceptance of all gifts of real property shall be subject to the Regentsʼ Rules and Regulations, Rule 60103 [5] and The University of Texas System Administration Policy UTS161, Environmental Review for Acquisition of Real Property [4]. Sec. 7 Gifts Requiring Approval by Vice Chancellor for External Relations. The Board of Regents delegates to the Vice Chancellor for External Relations authority to accept all conforming gifts, including pledges, of any value (either in cash or in kind) that are processed or administered by the Office of External Relations. The Board also delegates to the Vice Chancellor for External Relations authority to take any and all desirable actions relating to the administration and management of gifts accepted by the Office of External Relations, including without limitation the modification or termination of trusts and endowments as may be permitted by applicable law, policies, these Rules and Regulations, and the U. T. System Gift Acceptance Procedures [1]. 7.1 Gifts Reviewed. The Office of Development and Gift Planning Services, with assistance from the Real Estate Office, the University Lands Office, and the Office of General Counsel as required, shall review all gift assets processed or administered by the Office of External Relations and certain gift assets that the Chancellor or president is authorized to accept. Gift assets requiring review include, but are not limited to, securities, interests in limited partnerships, stock of closely-held corporations, stock of S corporations, stock options, and warrants. The Office of Development and Gift Planning Services shall also review all bequests, interests in trusts, gifts, and other funds to establish endowments and other planned gifts as defined in the U. T. System Gift Acceptance Procedures [1]. 7.2 Gifts to Establish Endowments. Endowments will be established with gifts that have been completed for tax purposes or with a combination of such gifts, pledges, and other funds at a minimum funding level of $10,000. Sec. 8 Internal Revenue Service Forms. The Board of Regents delegates to the Chancellor, the Executive Director of Real Estate, the Vice Chancellor for External Relations, and the president of the institution the authority to execute all necessary Internal Revenue Service forms, including without limitation IRS Forms 8283 [6] and 8282 [7], that relate to gifts accepted by each. Sec. 9 Gift Benefiting an Individual. Neither the U. T. System nor any of the institutions will administer a gift for the benefit of any designated individual unless the donor is exempt from federal income taxes as defined by the Commissioner of Internal Revenue. Sec. 10 Service by Board as Estate Executor/Administrator. The Board of Regents will not serve as executor or administrator of an estate because of the potential for conflicts of interest and the scope of the required duties. Sec. 11 Prohibition to Act as Witness to Will. The employees of the U. T. System or any of the institutions should not knowingly act as witnesses to wills in which the U. T. System or an institution is named as a beneficiary so as not to jeopardize the receipt of the bequest. Sec. 12 Service by Employee as Executor/Administrator of Estate or Trustee of Trust. Employees of the U. T. System or any of the institutions who agree to serve as trustee of a trust, or executor or administrator of an estate benefiting the U. T. System or any of the institutions are immediately to notify the Office of Development and Gift Planning Services of their appointment. Upon notification, the employee will be furnished with a statement advising of the potential for conflicts of interest and directing that all communications pertaining to the trust or estate between the employee and any office of the U. T. System or the institutions shall be in writing. Definitions None Amended Log: Editorial amendment to Section 5 made July 13, 2015 May 15, 2014 Editorial amendments to Sections 6, 7.1, and 8 made September 1, 2010 November 13, 2008 February 9, 2006 December 10, 2004 60101 [8] 60101 [9] Details Series: 60000: Development 60101 Acceptance and Administration of Gifts Who Should Know: Administrators Chief Business Officers Development Officers Employees Responsible Offices: External Relations General Counsel Date Approved: December 10, 2004 Date Last Amended: July 13, 2015 bor@utsystem.edu [10] Relevant Federal and State Statutes: Internal Revenue Code of 1986, as amended [2] Texas Education Code Section 65.36 (f) and (g) – Donations for Professorships and Scholarships [11] Texas Property Code, Chapter 163 – Management, Investment, and Expenditure of Institutional Funds [12] Relevant System Policies, Procedures, and Forms Rule 60103: Guidelines for Acceptance of Gifts of Real Property [5] Rule 60202: Endowed Academic Positions [13] UTS161 Environmental Review for Acquisition of Real Property [4] UTS138 Gift Acceptance Procedures [1] Links: [1] http://www.utsystem.edu/board-of-regents/policy-library/policies/uts138- gift-acceptance-procedures [2] http://www4.law.cornell.edu/uscode/uscode26/usc_sup_01_26.html [3] http://www.utsystem.edu/board-of-regents/policy-library/policies/uts138- gift-acceptance-procedures [4] http://www.utsystem.edu/board-of-regents/policy-library/policies/uts161- environmental-review-acquisition-real-property [5] http://www.utsystem.edu/board-of-regents/rules/60103-guidelines- acceptance-gifts-real-property [6] http://www.irs.gov/pub/irs-pdf/f8283.pdf [7] http://www.irs.gov/pub/irs-pdf/f8282.pdf [8] http://www.utsystem.edu/sites/utsfiles/offices/board-of-regents/rules- regulations/60101.doc [9] http://www.utsystem.edu/sites/utsfiles/offices/board-of-regents/rules- regulations/60101.pdf [10] mailto:bor@utsystem.edu [11] http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.65.htm#65.36 [12] http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.163.htm [13] http://www.utsystem.edu/board-of-regents/rules/60202-endowed- academic-positions [14] http://www.utsystem.edu/offices/external-relations/all [15] http://www.utsystem.edu/offices/general-counsel/all [16] http://www.utsystem.edu/tag/60000-development (http://www.utsystem.edu) Home > Board of Regents > Policy Library > Printer-friendly UTS138 Gift Acceptance Procedures Index Type: UTS Index Number - Primary: 138 Name: Gift Acceptance Procedures Table of Contents [1] Sec. 1 Purpose. Private sector support is critical to The University of Texas System. Contributions from individuals, foundations, corporations, and other entities are vitally important to the fulfillment of the institution's mission and to the provision of high-quality educational opportunities. The purpose of these procedures is to clarify and facilitate the process for making gifts to the U. T. System and the U. T. institutions (collectively referred to hereafter as "U. T."). Sec. 2 Procedures. As authorized by the Board of Regents' Rules and Regulations, Rule 60101 [2] these procedures are designed to outline administrative processes associated with the acceptance, administration, and investment of gifts processed or administered by the Office of Development and Gift Planning Services (ODGPS), as the designee of the Vice Chancellor for External Relations in a prudent and efficient manner, with fundamental fiduciary responsibilities kept firmly in mind. These procedures also cover gifts given for current purposes, including gifts of securities, gifts of family limited partnerships, bequests, trust distributions, personal property, life insurance and retirement plan assets. These procedures are also intended to ensure that staff members are able to function in a timely, effective, and professional manner in the context of institutions that are engaged in energetic and comprehensive fundraising efforts. When these procedures do not indicate an appropriate course of action or if they are inappropriate in light of all aspects of a specific situation, staff members are directed to consult with the relevant offices as outlined in these procedures to establish an appropriate course of action. Item 3 provides definitions for terms used throughout the Gift Acceptance Procedures. The Acceptance of Gifts Conforming to Policy Matrix summarizes the review and acceptance process. Sec. 3 Responsibility to Donors. 3.1 Donor's Expectations. U. T. staff should make reasonable efforts to be aware of and sensitive to donorsʼ expectations. 3.2 Legal and Professional Advice. U. T. representatives shall not provide legal and/or tax advice and will advise all prospective donors in writing to seek such advice from their own counsel and professional consultants. Each U. T. representative should be knowledgeable about gifts and should disclose to the donor advantages and disadvantages that could reasonably be expected to influence the decision of the donor to make a gift to U. T. In particular, planned gift items that may have adverse tax implications to the donor or are subject to variability (such as market value and income payments) should be discussed fully. 3.3 Donor's Best Interests. U. T. will not knowingly accept a gift that it believes to be contrary to the donor's best interests and there must be a reasonable expectation that accepting the gift will ultimately benefit U. T. 3.4 Appraisals and Valuations. U. T. will not furnish property appraisals or valuations to donors for tax purposes or any other purpose. U. T. will not knowingly participate in a transaction in which the value of a gift is inflated above its true fair market value to obtain a tax advantage for a donor. 3.5 Written Acknowledgment and Disclosure. In accordance with best stewardship practices and the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and related regulations, U. T. will provide a timely written statement or acknowledgment of a donorʼs contribution that includes the institutionʼs name; amount of cash contribution or description (but not value) of non-cash contribution; and a statement that no goods or services were provided by the institution in return for the contribution (if that was the case) or description and good faith estimate of the value of goods or services, if any, the institution provided in return for the contribution. The U. T. System and the U. T. institutions are agencies of the State of Texas and are described in Sections 170(b)(1)(A)(v) and 170 (c)(1) of the Code. Contributions to the U. T. System and the institutions are deductible by donors under Section 170 of the Code provided such contributions are made exclusively for public purposes. Gifts or grants that must be given to a 501(c)(3) organization may be made to The University of Texas Foundation, Inc. 3.6 Tax Filing. In accordance with the provisions of the Code, and related regulations, proper gift records will be kept and required tax returns filed by the Office of External Relations (OER) or its designee, the ODGPS, for all gifts processed and/or administered by the ODGPS, as designee of the Vice Chancellor for External Relations. The Vice Chancellor for External Relations or the Vice Chancellor's designee(s), or, with respect to real property, the Executive Director of Real Estate, shall execute all necessary Internal Revenue Service (IRS) forms that relate to gifts processed or administered by the ODGPS, including IRS Forms 8283 and 8282. Forms 8283 and 8282 will otherwise be executed by the Chancellor or the appropriate officer at the beneficiary institution. 3.7 Confidentiality. U. T. staff will adhere to strict confidentiality with regard to any information, records, and personal documents pertaining to donors and gifts. All gift records will be released only when authorized by the donor or as required by law. A limited exception to the disclosure of the name of the donor is provided in Section 552.1235 of the Texas Government Code. 3.8 Anonymity. U. T. shall respect the wishes of donors wishing to support U. T. anonymously and will take reasonable steps to safeguard those donorsʼ identities. Sec. 4 Review and Acceptance of Proposed Gifts. 4.1 Authority to Accept Gifts. The authority to accept gifts to U. T. is vested in the Board of Regents of The University of Texas System (Board) and delegated by the Board as specifically set out in Board of Regents' Rules and Regulations, Rule 60101 [2]. Except as provided in Rule 60101 or any other Rule in the Regentsʼ Rules and Regulations or approved institutional policies, no member of the staff of any U. T. institution has the authority to accept gifts. All gifts must be made payable or placed in the name of the Board, The University of Texas System or a U. T. institution as applicable. Gifts made payable to a U. T. employee are not deductible as a charitable contribution and benefit the employee personally, not U. T. 4.2 Designate a High Level Responsible Receipt Party. The President of each U. T. institution and the Vice Chancellor for External Relations must appoint a Designated Receipt Executive. It is anticipated the Designated Receipt Executive will usually be the Chief Development Officer of each institution. The Designated Receipt Executive may designate another staff member to assume day-to-day responsibility for the receipting process. Each institution must develop written receipt procedures. The Designated Receipt Executive shall ensure all gift receipts are handled in accordance with the receipt procedures set out by each institution without exception. 4.3 Procedures. The institutions shall submit for consideration gifts to be processed or administered by the ODGPS to the ODGPS as soon as practical, following the procedures outlined below. Prior to acceptance by the ODGPS, the ODGPS must review all gift assets processed or administered by the OER, other than cash or marketable securities. Such review will be done in conjunction with other U. T. System Administration offices and, as appropriate, with The University of Texas Investment Management Company (UTIMCO) or other financial managers authorized by the Board. Each proposed gift shall be reviewed to determine whether it should be accepted, including consideration of any required cash expenses, liabilities, contingent liabilities, unrelated business income taxes, donor requirements that may result in risk of loss, and other sources of funds available to cover expenses and liabilities. This review process shall determine whether the economic risks are appropriate prior to acceptance of the gift. Examples of assets requiring review include limited partnership interests, stock of closely-held corporations, stock of S Corporations, stock options, warrants, and intellectual property. 4.4 Unrelated Business Income Tax. Assets to be processed or administered by the ODGPS that create potential unrelated business income tax liability must be reviewed by the ODGPS and the institutionʼs chief business officer (CBO) in conjunction with UTIMCO for economic implications and by the Office of General Counsel (OGC) for legal implications. 4.5 Real Property. Gifts of real property shall comply with the Board of Regents' Rules and Regulations, Rule 60103, Guidelines for Acceptance of Gifts of Real Property and the U. T. System Environmental Review for Acquisitions of Real Property, UTS161. These and additional documents may be found on the Real Estate Office's (REO's) website at http://www.utsystem.edu/reo [3]. 4.6 Signatures. Any gift agreement or other gift documentation to be signed by a representative of the Board shall be signed by a properly delegated representative, after review of the gift as provided in these procedures and any applicable institutional policy. 4.7 Institutional Policies. The presidents of the institutions must develop and implement Handbook of Operating Procedures policies consistent with these procedures for the review and acceptance of gifts for which responsibility for acceptance has been delegated to presidents. 4.8 Nonconformance with Procedures. Recommendations regarding the acceptance of gifts or other actions that do not conform to these procedures shall be made through the Vice Chancellor for External Relations to the Board after review by appropriate offices of the terms of the gifts, the nature of the donated assets, and/or the requested action. Sec. 5 Gift Counting Guidelines. U. T. will comply and all gifts will be counted in accordance with Council for the Advancement and Support of Education (“CASE”) gift counting guidelines as published in the CASE Reporting Standards & Management Guidelines for Educational Fundraising, 4th edition, and subsequent editions. Before entering into a capital campaign, a U. T. institution must develop written campaign counting guidelines, which conform to CASE. U. T. System will follow CASE standards as the official guide for campaign counting and for reporting progress to CASE and to the public toward institutional campaign goals. This will allow for parity when measuring performance against institutional peers involved in campaigns. Sec. 6 Gift Processing. 6.1 Cooperation. Institution business offices and development offices, the Office of Academic Affairs (OAA), the Office of Health Affairs (OHA), the Office of Business Affairs (OBA), the REO, University Lands (UL), the OER, the ODGPS, and the OGC will cooperate as necessary to process proposed gifts promptly. 6.2 Valuation. Gifts are valued as of the date transferred to the Board in accordance with the provisions of the Code and applicable regulations. The amount received from the sale of a noncash gift may be more or less than the value of the gift. 6.3 Real Property. Gifts of real estate must be reviewed and evaluated by the REO and/or UL as provided in the Board of Regents' Rules and Regulations, Rule 60103, Guidelines for Acceptance of Gifts of Real Property. 6.4 Securities. Gifts of securities that are donated to an institution must be reviewed and processed by the ODGPS. The Board of Regents' Rules and Regulations authorize only certain U. T. System Administration and UTIMCO personnel to purchase, exchange, sell, assign, and transfer securities on behalf of the Board. No other person or entity may execute or instruct others to execute a transaction involving any securities in the name of the Board. When securities are to be given to an institution, the institution shall contact the ODGPS immediately for instructions, even if the gift is for current purpose use at the institution. For current purpose gifts, sale proceeds will be transferred to the institution after receipt and processing by the ODGPS. Sale of the security will take place as soon as possible after the transfer. The ODGPS will notify the institution of the receipt and sale of securities as early as practicable. Acknowledgment of the gift shall be provided to the donor by the institution that the gift benefits, and will be in compliance with the provisions of the Code and regulations thereunder. 6.5 Gifts of Closely-Held Stock. (a) An effort should be made to obtain nonbinding repurchase provisions when the gift involves securities for which the donor or related parties are the primary market. (b) To the extent applicable, the following criteria, in addition to those outlined in Section 6.4 above, must be met for the ODGPS to approve or accept gifts of closely-held stock: • The ODGPS must assure there is a written gift agreement indicating the donor's intent to make the gift and its purpose. • Prior to acceptance, the donor must provide to the ODGPS financial and valuation information on the stock, including appraisals and/or statements of value. • Copies of any applicable shareholder agreements and buy- sell agreements must be provided by the donor for review by the ODGPS, the OGC, and UTIMCO, especially those that include any restrictions on the transfer of the stock, i.e., rights of first refusal, formulas for determining stock price. • The donor must provide to the ODGPS a written copy of any related offer to purchase the stock, including the purchase price per share. • The ownership of the stock must be properly assigned by the donor to the Board. 6.6 Gifts of Interests in Limited Partnerships. (a) The ODGPS or the institution's president, as appropriate, may accept gifts of interests in limited partnerships, subject to a thorough analysis of all available information by the ODGPS, with the assistance and advice of the institutionʼs CBO, the OGC, and UTIMCO. At a minimum, the U. T. System Administration should receive copies of the limited partnership agreement, the proposed assignment of interest, and financial documentation sufficient to describe the assets of the partnership and their valuation. (b) The ODGPS, the OGC, the CBO, and UTIMCO will analyze a proposed gift of an interest in a limited partnership to confirm that there is a real benefit to be derived by the institution that is commensurate with any potential risks and costs associated with the gift. Among the factors that will be considered are the following: • The donor's relationship to the institution designated to benefit from the gift, the history of demonstrable charitable intent, and whether the limited partnership is merely a tax accommodation for the donor. • Administrative obligations to be assumed by the U. T. System, such as monitoring the partnership for unrelated business income tax. • Guaranteed annual distribution from the partnership interest sufficient to U. T. to justify the administrative costs or a cumulative payment made in the form of a preferred return before distributions to other partners at the termination of the partnership. • Whether the partnership agreement provides for a defined distribution/ termination event or date. • Whether the U. T. System has any obligation to make capital contributions to the partnership. • Whether the U. T. System would be held liable for debts of the partnership. • Whether the partnership appears to be adequately capitalized in light of its activities and maintains liability insurance. (c) All confidentiality requirements must allow release of information as required by the Texas Public Information Act. (d) The U. T. System should receive a full accounting for the partnership annually, as well as copies of any tax returns filed or required to be provided to partners pursuant to the Internal Revenue Code. 6.7 Gifts of Interests in General Partnerships or Joint Ventures. U. T. will not accept interests in general partnerships or joint ventures due to the State constitutional limitations on incurring State debts and the risk of future liability or debt. 6.8 Gifts of Personal Property (Other than Outdoor Works of Art). Gifts of personal property, other than outdoor works of art, donated to an institution must be reviewed for approval and processed by the ODGPS prior to acceptance only if used to establish or make additions to an endowment or charitable remainder trust. Gifts of outdoor works of art must comply with Board of Regents' Rules and Regulations, Rule 60101 [2], Section 4.1. 6.9 In some instances, gifts are made to U. T.-affiliated external entities for benefit of the U. T. System Administration or a U. T. institution. Such gifts include charitable gift annuities, those that must be given to a 501(c)(3) organization, or others that the Board, as a state agency, cannot accept or process. Such gifts must be handled exclusively by the external entity, from deposit of the funds to acknowledgment. Any gift agreement, receipt or other gift documentation must be signed by an authorized representative of the external entity. No member of the staff of any U. T. institution has the authority to accept gifts made to an external entity. Sec. 7 Current Purpose Gifts. In general, current purpose or expendable gifts are accepted by the institution president, or his/her designee, or by the Chancellor, or his/her designee, for such gifts made to U. T. System Administration. Exceptions include, but are not limited to, marketable and closely-held securities, partnership interests, and real property. These gifts must be reviewed, evaluated, and processed by the appropriate U. T. System office as set out in Sections 4 and 6. Current purpose gifts of real property are accepted by the Executive Director of Real Estate. Gifts of securities are accepted by the ODGPS via delegated authority from the respective institution president. For further information regarding the acceptance process for current purpose gifts, please contact the ODGPS. Sec. 8 Gifts of Personal Property. U. T. may consider gifts of personal property, which can be tangible or intangible. Gifts of personal property, other than outdoor works of art, given for current purpose use are accepted by the U. T. institution president, or his/her designee. Exceptions include, but are not limited to, marketable and closely-held securities and limited partnerships, which must be reviewed, evaluated, and processed by the appropriate U. T. System office. In addition, OER and ODGPS have exclusive authority to handle matters related to estates and trusts, including those that provide for a current use gift for a U. T. institution. The Development or University Advancement Office at each U. T. institution must be made aware of all personal property gifts, also known as gifts-in-kind. The president or chief development officer shall provide instructions to staff campus-wide regarding proper procedures for handling gifts of personal property. The U. T. institution must agree to be responsible for any carrying costs associated with the gift (e.g., the cost of insuring a gift of art that will be retained). The IRS requires that donors seeking to claim a charitable tax deduction for a personal property gift with a fair market value in excess of $5,000 obtain a qualified appraisal. To avoid any conflict of interest, a U. T. institution can neither pay for nor reimburse a donor for his or her appraisal costs. The qualified appraisal must be completed no earlier than 60 days prior to the date of the gift and must be received no later than the date of the filing of the donorʼs gift tax return for the year of the gift. If no appraisal is required for the donorʼs purposes, a U. T. institution may seek its own independent appraisal of the property. In such case, the U. T. institution will bear all costs of the appraisal for U. T. institution purposes only. Appraisals are not required for gifts of $5,000 and less, but the donor may obtain a qualified appraisal if he or she chooses. The institution may value the gift based on the donorʼs appraisal, a value declared by the donor (a copy of either a paid bill of sale or invoice and a copy of a check or credit card statement showing payment is recommended), or a value determined by a qualified expert on the faculty or staff of the institution. This value should be used for the institutionʼs purposes only. IRS Form 8283, Noncash Charitable Contributions, is required to be submitted to the donee organization for signature when the donation is greater than $5,000 and consists of property other than publicly traded securities. It is the responsibility of the donor to complete all applicable sections of the form except for the Appraiser and Donee acknowledgement sections. Once the donor has completed the applicable sections, the form should be submitted to the appropriate U. T. institution officer, as set out in the U. T. institutionʼs Handbook of Operating Procedures, for completion of the Donee acknowledgement section. IRS Form 8282, Donee Information Return, is required to be completed by a donee that sells or disposes of a non-cash gift within three years of the receipt of the donation by the organization. This includes any donated property (other than money or publicly traded securities) if the claimed donation value exceeds $5,000 per item or group of similar items donated by the donor to one or more donee organizations. The term “gift-in-kind” is generally used for personal property, both tangible and intangible, that will be retained and used by a U. T. institution, rather than sold. Retained property must complement the core mission of the U. T. institution. Gifts in kind shall be valued at their full fair market value. Gifts with fair market values in excess of $5,000 will be reported at the values placed on them by qualified independent appraisers as required by the IRS. Gifts of $5,000 and under may be reported at either the value declared by the donor or the value placed on them by a qualified expert on the faculty or staff of the U. T. institution. If a price is not determined, the value shall be recorded at $1. Examples of tangible assets include, but are not limited to: • personal collections of art, books, coins or movies; • animals, such as livestock; • cars, boats and aircraft; • equipment; • developed software; • printed materials; and • food or other items for hosting dinners. Examples of intangible assets include, but are not limited to, various intellectual property such as: • patents; • copyrights of cultural, artistic and literary works; and • computer software under development. For equipment and software gifts, report the educational discount value if one is offered, i.e., the value the U. T. institution would have paid had it purchased the item outright from the vendor. Many software donations are licenses and are not be considered as gifts. The U. T. institution must ascertain whether the software is a gift, partial interest or exchange transaction according to the IRS. Partial interests and exchange transactions are not gifts and, therefore, are not countable/reportable. A donor must irrevocably transfer ownership of the property to a U. T. institution for the property to be considered a gift. Gifts of hardware and software may only be counted if they are irrevocable. Sec. 9 Gifts to Establish Permanent Endowments Held and Administered by the Board of Regents. Endowments will be established with gifts that have been completed for tax purposes or with a combination of such gifts, pledges, and other funds at a minimum funding level of $10,000. Endowments may be established to fund scholarship programs and other educational activities as well as the endowed academic positions specified in the Board of Regentsʼ Rules and Regulations, Rule 60202 [4] concerning endowed academic positions. All endowments must be reviewed and approved by the ODGPS and must meet minimum funding levels as set out in Board of Regentsʼ Rules and Regulations, Rule 60101 [2] and Rule 60202 [4]. With the approval of the appropriate Executive Vice Chancellor and Vice Chancellor for External Relations, each institution may set minimum funding levels that are higher than those set by the Board. The required minimum funding level will be determined by the total value of gifts from donors and transfers of funds, valued as of the gift date or date of transfer, respectively. Reinvestment of endowment distributions, which would be considered a transfer of funds, may be used to determine the total funding value. Example: A donor contributes $20,000 a year for five years to fund a professorship at a total contribution value of $100,000. At the end of the five-year period, the endowment may have reached a market value of $250,000 due to capital appreciation. However, the contributed value remains at $100,000. This endowment cannot be redesignated as a distinguished professorship until the contribution amount reaches $250,000 from additional gifts or transfers of funds. Negotiations and fundraising for an endowment are permitted prior to its formal approval and establishment by the Board or its designee(s). However, an endowment will not be announced as having been established prior to its approval by the Board or its designee(s). New endowments shall not be created and existing endowments shall not be increased using accumulated distributions from existing permanent endowments. However, under rare and special circumstances, such distributions may be used to create or add to an endowment with the approval of the Vice Chancellor for External Relations, provided the terms of the new endowment(s) are consistent with the terms of the endowment agreement governing the existing endowment. 9.1 Endowment Agreements. (a) A written endowment agreement signed by the donor(s) is required for each new permanent endowment established. (See Item 5 for sample endowment agreements.) This instrument must, absent compelling reasons, include the following language: • donor name(s); • gift description and/or amount; • pledge description, amount, and due date; • endowment name; • college, school, and/or department to benefit; • a statement setting out the intended use or purpose for funds distributed from the endowment; • a statement that the funds shall never become a part of the Permanent University Fund, the Available University Fund, or the General Fund of the State of Texas; • a statement that, in the opinion of the Board, if (a) a restriction contained in the endowment has become impractical or wasteful, or it impairs the management or investment of the fund, or, because of circumstances not anticipated by the donor, a modification of the restriction will further the purposes of the fund or (b) a restriction contained in the endowment on the use of the fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the Board may modify the restriction or purpose of the endowment to further the purposes of the fund in a manner consistent with the original charitable purpose expressed in the endowment; • a statement providing that all future additions to the endowment, including those made by the Board or the institution administration, shall be subject to the provisions of the endowment agreement and shall be classified as permanent endowment funds; and • other provisions the responsible development officer and the ODGPS determine are necessary or appropriate. (b) In cases where an endowment is established pursuant to an institution's solicitation or campaign, the solicitation letter or document sent to prospective donors may be used as the endowment agreement to evidence the donative intent and purposes. If the solicitation materials do not contain the provisions required in bulleted paragraphs above, a separate gift agreement memorandum containing the required provisions and signed by the appropriate institution representative should be provided to the ODGPS by the U. T. personnel responsible for the solicitation. (c) A gift agreement memorandum should also serve as the endowment agreement in situations where funding is from multiple donors with no primary donor or donors. (See Item 5 for a sample endowment agreement entitled “Newly Created Endowment with Multiple Donors.”) 9.2 Custody of Assets. The assets donated to fund a new endowment may be delivered to the ODGPS or UTIMCO for custody and investment by UTIMCO pending acceptance. A request for acceptance of the endowment should be submitted to the ODGPS by the institution as soon as possible after delivery of the assets. Once an endowment has been officially established, the donated assets must be delivered to the ODGPS or UTIMCO as soon as possible for custody and investment by UTIMCO. 9.3 Selection Criteria for Scholarship and Fellowship Recipients. (a) A donor may specify or require that • the scholarship or fellowship be for institution-wide use; • the recipient be registered in a particular college, school, or department within the institution or the recipient be limited to students studying in a specific academic major or a certain area of study or concentration; • the recipient have a specified class standing or have completed a specified number of semester hours of college work; • consideration of recipients be conditioned on academic performance; • consideration of recipients be based on financial need; • a preference be exercised in association with the renewal of the award; • recipients be students from a particular geographic area (city, school district, county, or state). The population of U. T. students from the named geographic area should be large enough to allow for consistent use of the scholarship and to avoid an allegation that the funds were "targeted" to a particular individual or individuals; • the recipient be a U.S. citizen or legal resident of the United States. Any gift to be designated for U.S. citizens must also include permanent residents as federal courts have ruled that state entities must give equal consideration to U.S. citizens and to individuals admitted to permanent residency; or • recipients have received part or all of their preparatory education from a particular geographic area or region outside of the U.S. It is generally illegal to give or deny benefits based on a personʼs national origin. Therefore, requiring recipients to be from a particular country is not permissible. (b) If consistent with the Board of Regents' Rules and Regulations, U.S. Department of Education regulations, Office of Civil Rights recommendations, and interpretations of the Texas Higher Education Coordinating Board, the donor may specify certain other selection criteria as a preference for recipient selection, but not as a restriction. U. T. will make reasonable efforts to honor preferences specified by a donor as provided in this paragraph; however, as provided by applicable law, no person shall be excluded from participation in, denied the benefits of, or be subject to discrimination under, any program or activity sponsored or conducted by the U. T. System Administration or any U. T. institution, on the basis of race, color, national origin, religion, sex, age, veteran status, or disability. It is not appropriate to provide scholarships based on a studentʼs position on a political or social issue. (c) Endowed scholarship or fellowship awards should be based on the funds distributed from the endowment, rather than a specific amount. The size and number of awards will be determined by the appropriate scholarship committees at the institution or under the scholarship program applicable to the endowment. Scholarship or fellowship amounts may also be referred to in more general terms such as "tuition and required fees" in the endowment agreement. (d) The IRS will not recognize a contribution for charitable tax deduction if the donor retains control over the gift funds or how they are used. In accordance with that understanding, the donor may not participate in the final selection of scholarship recipient(s), name a non-U. T. employee to any final selection committee, or structure the criteria so narrowly as to limit selection to a small population comprised solely or primarily of individuals related to the donor or that the donor would choose. In rare and special circumstances, such as gift funds contributed by a foundation, an exception to this provision may be granted by the Vice Chancellor for External Relations. 9.4 Endowed Academic Positions. There are six categories of endowed and named academic positions with minimum funding levels as set forth in Board of Regentsʼ Rules and Regulations, Rule 60202 [4]. With the specific approval of the Board, an endowed academic position may be established without the required minimum funding level only in accordance with agreements recommended by the Chancellor, the appropriate Executive Vice Chancellor, and the Vice Chancellor for External Relations. No initial appointment will be made to an endowed academic position without prior approval as a Request for Budget Change by the president of an institution after review and approval by the appropriate Executive Vice Chancellor. Subsequent new or continuing appointments to endowed academic positions may be approved as a part of the annual operating budget. As the IRS will not recognize a contribution for charitable tax deduction if the donor retains control over the gift funds or how they are used, a donor may not participate in the final selection of the appointment or name a specific individual as the holder of an endowed academic position. In rare and special circumstances, such as gift funds contributed by a foundation, an exception to this provision may be granted by the Vice Chancellor for External Relations. 9.5 Pledge Policy. Pledges from donors that follow these procedures may be accepted to fund endowments of any level recognized by the Regents' Rules and Regulations. (a) At least 20% of the donor's total required minimum funding amount prior to the acceptance of an endowment must be received prior to the acceptance of an endowment, i.e., before the endowment will be established. (b) The pledge for payment of the remaining required minimum funding shall not extend beyond five years after the date of execution of the endowment agreement; however, with the approval of the Vice Chancellor for External Relations, the pledge period may be longer than five years under rare and special circumstances. A pledge for any amount beyond the required minimum funding is not bound to a five-year pledge period. As an example, for an endowed scholarship that is fully funded with a $25,000 gift, an additional $75,000 pledge may be extended reasonably longer than five years. (c) All funds that otherwise would be distributed from the endowment will be reinvested as a permanent addition to the endowment until the endowment is funded with the then required minimum funding level for the endowment or is dissolved as provided in Section 8.5(e) below, except in the case of endowed academic positions with the approval of the Vice Chancellor for External Relations or the Vice Chancellor's designee. (d) Funding levels will not be determined by the amount of net sale proceeds received from a noncash gift or by the current market value of the investment held in an endowment. As an illustration, a donor gives a gift of stock valued at $10,000 to create a new endowment. The stock is sold for net sales proceeds of $9,500. The $10,000 endowment may still be created because the donor contributed a gift valued at $10,000, although the endowment's value is only $9,500. (e) If the donor is unable to fulfill the pledge by the end of the five-year period, the institution shall notify the ODGPS to determine an appropriate course of action. Typically, the endowment will either be dissolved or redesignated as follows: • If there are insufficient funds held in the endowment to reach the minimum funding level required for an endowment, the endowment may be dissolved by the Board or its designee(s) and the president of the beneficiary institution shall have the discretion to designate an existing endowment to which to transfer the funds, or expend the funds for the general purposes of the institution, taking into consideration the original intent. • If there are sufficient funds held in the endowment to reach the minimum endowment funding level for an endowment, but insufficient funds to reach the required funding level for the endowment as originally established, the endowment may be redesignated to the highest level of endowment category possible based upon the book value of funds held and the original intent, with the approval of the Board or its designee(s). Sec. 10 Establishment of Quasi-Endowments Held and Administered by the Board of Regents. All quasi-endowments must be reviewed and approved by the ODGPS and must meet minimum funding levels as set out in the Board of Regents' Rules and Regulations, Rule 60101 [2] and Rule 60202 [4]. The required minimum funding level will be determined by the total value of transfers of funds to the endowment, valued as of the date of transfer. Reinvestment of endowment distributions may be used to determine the total funding value. An endowment will not be announced as having been established prior to its approval by the Board or its designee(s). New endowments shall not be created and existing endowments shall not be increased using accumulated distributions from existing permanent endowments. However, under rare and special circumstances, such distributions may be used to create or add to an endowment with the approval of the Vice Chancellor for External Relations, provided the terms of the new endowment(s) are consistent with the terms of the endowment agreement governing the existing endowment. A written agreement, signed by the institution's president or the appropriate dean or department head, is required for each new quasi-endowment established. (See Item 5 for a sample endowment agreement entitled “Newly Created Quasi Endowment.”) This instrument will, absent compelling reasons, include the following language, as applicable: • information and provisions described in Section 8.1; and • amount and source or description of the funding. Funds must be identified as either restricted or unrestricted. Sec. 11 Classification of Endowment Funding. 11.1 Permanent and Quasi-Endowments. When mixed sources of funds (both gifts given specifically for endowed purposes and current funds) are used to establish an endowment, separate but related permanent and quasi- endowments will be created. (See Item 5 for a sample endowment agreement entitled “Newly Created Quasi/Perm Endowment.”) Each endowment account must be funded with at least the minimum endowment funding level of $10,000, (i.e., there would need to be at least $20,000 total to establish separate endowment accounts). If the endowment is initially funded with less than $20,000 from mixed sources (both endowed and current funds), the entire endowment will be classified as a permanent endowment. When funding permits, a separate but related quasi- endowment shall be created. 11.2 Additional Contributions. If only a permanent endowment account is in existence at the time of an additional contribution to an endowment established with mixed sources of funds, the institution will review the source(s) and amounts of funds to be added to determine if a separate, but related quasi-endowment account should be established. Administrative approval of the related quasi- endowment is not needed if there is no re-designation of endowment level or other amendment. Alternatively, if only a quasi-endowment is in existence at the time of an additional contribution, administrative approval of a related permanent endowment is not needed if there is no re-designation of endowment level or other amendment. 11.3 Additional Contributions to Separate Accounts. If separate permanent and quasi-endowment accounts exist at the time of an additional contribution, the institution will review the source(s) of funds to determine the correct allocation. 11.4 Transfer of Current Funds. When a transfer of current funds is to be combined with a donorʼs pledge, the ODGPS will consider the total of the donorʼs pledge, rather than the amounts of payments received, to determine whether separate permanent and quasi-endowment accounts should be established. 11.5 Reinvestment of Distributions. Any reinvestment of endowment distributions will be classified in the same manner as the corpus of the endowment. 11.6 Permanent Endowment Funds. Notwithstanding any of the above, any additional funds from any source will be classified as permanent endowment funds where the existing permanent endowment is governed by a donor-executed endowment agreement that contains language that “all future additions to the endowment, made by the donor or others, including those made by the Board of Regents or the institution, shall be subject to the provisions of the endowment agreement and shall be classified as permanent endowment funds.” Sec. 12 Investment, Payout, and Reinvestment Policy for Endowments. 12.1 UTIMCO. As authorized by law, the Board has contracted with UTIMCO to invest all funds donated to U. T. that are under the sole control of the Board. 12.2 Investment Restrictions. No matching funds or other funds of U. T. may be held or managed by a party selected by the donor. No endowment shall be accepted in which the donor directs the investment transactions or holdings or may approve investment policy or strategy or on which the donor places any other investment restrictions. 12.3 Standard for Investment Decisions. The primary and constant standard for making investment decisions for endowments shall be "that standard of judgment and care that prudent investors, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing taking into consideration the investment of all the assets of the fund rather than a single investment." 12.4 Collective Investments. All endowment gifts should be eligible for commingling for investment purposes with other endowment funds. The Board has established the U. T. System Long Term Fund, governed by and invested according to the U. T. System Long Term Fund Investment Policy Statement, to provide for the collective investment of endowment funds. This commingling permits enhancement of long-term investment programs, affords appropriate risk control through diversification, and provides for optimization of asset mix through time. 12.5 Long Term Fund. Specific language that allows endowment funds to be invested in the U. T. System Long Term Fund or otherwise pooled for investment purposes should be included in all endowment agreements. 12.6 Agreement Terms. An endowment agreement shall not include terms regarding endowment payout that conflict with either the payout policies established by the Board or the payout provisions of the Texas Uniform Prudent Management of Institutional Funds Act, as amended. 12.7 Charge of Certain Expenses. To acknowledge the Boardʼs ability to charge certain expenses against the endowment funds for administration, management, and compliance, the endowment agreement should specify one of the following: (a) donor(s) acknowledge(s) and agree(s) that in connection with administration and management of the endowment funds, the Board may charge certain expenses against the endowment funds for administration, management, and similar charges; or (b) the Board may not charge certain expenses against the endowment for administration and management. 12.8 Management of Payout and Reinvestment. To ensure the Board has the ability to manage payout and reinvestment policies, the endowment agreement should specifically allow the following: (a) funds distributed during a year may be retained by the institution and expended for the purposes of the endowment in subsequent years; and (b) the reinvestment of some portion of the payout as a permanent addition to the principal of the endowment at the discretion of the Board or institutionʼs administration. 12.9 Endowments Funded with Mineral Interests in Real Property. In accordance with the Texas Trust Code and the Uniform Principal and Income Act (UPIA), a certain percentage of mineral royalty proceeds must be allocated to endowment principal. Because complex and numerous depletion calculations would be required to determine the correct amount to allocate to endowment principal and consistent with requirements for the Permanent University Fund, 100% of mineral royalty proceeds, including bonuses, rentals, and royalties, should be allocated to principal for ease of administration. An institution may request a lesser allocation of principal by submitting a written request to the ODGPS. Such request must be reviewed and approved by the UL in consultation with the ODGPS and the OGC. Sec. 13 Amendment or Termination of Endowments. 13.1 Authorization for Changes. Once a permanent endowment is created, the terms, purpose, or existence of that endowment may be changed only if authorized by the terms of the endowment agreement, Board policy, or applicable laws. 13.2 Review of Amendments. Any request received or initiated by an institution to amend the terms or purpose of a permanent endowment or to terminate an endowment must be sent to the ODGPS for review and approval with the legal advice of the OGC. The OGC will determine whether the endowment may be modified judicially or nonjudicially pursuant to the Texas Uniform Prudent Management of Institutional Funds Act or Texas Education Code Section 65.36(f). 13.3 Requests to amend or terminate a quasi-endowment must be sent to the ODGPS for review and approval. Upon termination of a quasi-endowment, the ODGPS will coordinate the disbursement of the endowmentʼs proceeds with UTIMCO. Sec. 14 Endowments Held and Administered by External Trustees. U. T.'s interest in any endowment held and administered by an external trustee must be reviewed and approved by the ODGPS. In addition to provisions set out in Sections 8, 9 and 12 above, to the extent practicable, the Board requires the following for endowments held and administered by external trustees. 14.1 Endowment Agreements. A written endowment agreement signed by the donor(s) is required for each endowment. Endowments held and administered by U. T.- affiliated external foundations must, absent compelling reasons, include language as set out in Section 8.1 above consistent with Board-held endowments. 14.2 Distributions. A predictable stream of distributions from an endowment held by an external trustee, consistent with the Board's endowment payout policy and not in conflict with the payout provisions of the Texas Uniform Prudent Management of Institutional Funds Act, as amended. U. T. System Administration prefers that any U. T. institution receives such payout on a quarterly basis, but no less often than annually. 14.3 Appreciation. That all appreciation from an endowment held by an external trustee be maintained in the endowment, except that distributed for the purpose(s) of the endowment. 14.4 Annual Reports. That the external trustee provides annual reports to the ODGPS that detail the value of the assets of the endowment and the annual receipts and expenditures. 14.5 Accounting Records. That separate accounting records be maintained for each such endowment so that investment performance can be accurately analyzed over time. 14.6 Appointments to Endowed Academic Positions. That all appointments to endowed academic positions be selected by the institution. 14.7 Acceptance of Interest. That a request for acceptance of U. T.'s interest in the endowment be submitted by the institution to the ODGPS as soon as possible after delivery of the gift to the external trustee or notification by the external trustee that the endowment has been established. Sec. 15 Planned Gifts. 15.1 Solicitation and Negotiation. (a) The OER, the ODGPS, and the OGC must review and approve • an initial or new advertisement or planned giving brochure; and • an existing advertisement or planned giving brochure that has been materially modified since last approved by the OER, the ODGPS, and the OGC to be mailed or otherwise furnished to potential donors before distribution to donors. Minor modifications to existing planned giving advertisements or brochures require review by the ODGPS prior to distribution to potential donors. (b) Negotiation, execution, and acceptance of any planned gift shall follow procedures outlined in these procedures. All agreements shall include language previously approved by the OGC unless otherwise approved in accordance with the processes set forth in these procedures. (c) It is the responsibility of each U. T. representative to keep detailed written notes to supplement written correspondence to demonstrate ethical practices in negotiations with each donor. (d) The institution's representative working with a donor who desires to make a planned gift shall contact the ODGPS as soon as the institution's representative becomes aware of the potential gift. (e) Payout rate guidelines for charitable remainder trusts are provided below in Section 15.4(d) for use by all U. T. staff members authorized to enter into negotiations concerning planned gift agreements to assist them during discussions with donors. (f) Donors should be informed that payout rate guidelines may be adjusted if market conditions change significantly before an agreement is finalized. 15.2 Restrictions on Acceptance of Planned Gifts and Donated Assets. (a) In accordance with Texas law, the Board cannot accept gift annuities and deferred gift annuities. Inquiries concerning gift annuities and deferred gift annuities will be referred to appropriate external foundations established to benefit the U. T. System or U. T. institutions. (b) Consistent with Board policy, the Board may serve as trustee of trusts for which the donor retains the right to change the charitable beneficiary only if: (a) U. T. System or U. T. institution(s) will receive irrevocably at least 50% of the total funding of the trust; and (b) the value of the U. T. System or institution's irrevocable interest equals the minimum requirements established below in Section 15.4(d) for accounts that cannot be pooled for investment purposes. (c) Consistent with Board policy, the Board may serve as trustee of trusts that allow for invasions of principal only if: (a) the standards for invasion of principal are objective and nondiscretionary; (b) the U. T. System or institution will receive irrevocably at least 50% of the total funding of the trust; and (c) the value of the U. T. System or institution's irrevocable interest equals the minimum requirements established below in Section 15.4(d) for accounts that cannot be pooled for investment purposes. To avoid conflicts of interest, the Board will not serve as trustee of a trust that allows income beneficiaries to invade the principal of the trust at the discretion of the trustee. (d) Consistent with Board policy, the Board may serve as trustee of a charitable remainder trust with multiple charitable remainder beneficiaries only if: (a) the U. T. System or institution will receive irrevocably at least 50% of the remainder; (b) the value of the U. T. System or institution's interest will be at least the minimum trust gift levels established below in Section 15.4(d); and (c) the other charities agree to provisions deemed appropriate by the OGC. As an example, a donor may fund a charitable remainder trust with assets that may not be pooled for investment purposes, such as real estate or restricted stock, name the Board as trustee and a 50% irrevocable remainder beneficiary for further benefit of one or more institution(s), and name a non-U. T. institution(s) as 50% remainder beneficiary(ies). In this instance, the Board would accept trusteeship if the trust terms were acceptable and the trust was funded at a minimum gift level of $100,000. (e) To avoid conflicts of interest and to avoid liability issues, the Board cannot serve as the guardian of a person, or as an executor or administrator of an estate. (f) Consistent with the Code and related regulations, the Board will not accept a planned gift that is known to have the potential to create unrelated business income tax liability for a charitable remainder trust. (g) In accordance with the provisions of the Code and related regulations, the Board will not accept stock in an S Corporation to fund a charitable trust without the written consent of all other shareholders. 15.3 Management and Investments. (a) The ODGPS is not authorized to administer or manage trusts of which the Board is not trustee. (b) The U. T. System may request reimbursement from charitable trusts of which the Board is trustee for any third party charges incurred by the trust. Such charges may include, but are not limited to, bank custodial fees, real estate expenses such as appraisals, surveys, environmental assessments, maintenance and repairs, and legal fees. In circumstances where it is deemed inappropriate for the affected trust to bear such expenses, the institution shall reimburse the trust. If multiple institutions are involved, then such costs shall be shared pro rata. 15.4 Types of Planned Gifts. (a) Wills and Bequests. • When an institution is notified of the death of a person who has named the U. T. System or an institution as a beneficiary, the ODGPS must be notified immediately and forwarded copies of all available documentation and correspondence. If the ODGPS is notified of the death of a person who has named the U. T. System or an institution as a beneficiary, the ODGPS shall promptly notify the beneficiary of the bequest. The OER and the ODGPS have exclusive authority to handle matters related to estates benefiting U. T., including authority to sign partial or complete releases of liability, and will be responsible for promptly supplying documentation to other U. T. System Administration offices as appropriate. • The ODGPS will provide instructions to estate executors and administrators regarding the disposition of estate assets bequeathed to U. T. All estate distributions will be transmitted as directed by the ODGPS. Any tangible personal property not liquidated by the executor should be shipped directly to the institution. Unless otherwise requested by the institution, the ODGPS will promptly transmit any bequests designated for use as current funds to the institution. • Any U. T. employee who agrees to serve as executor or administrator of an estate that benefits U. T. System or an institution must immediately notify the ODGPS of his or her appointment. Upon notification, the employee will be furnished a statement advising of the potential for conflicts of interest and directing that all communications pertaining to the estate between the employee and any office of U. T. System Administration or the institution shall be in writing. • Employees of U. T. should not knowingly act as witnesses to wills in which U. T. System Administraiton or an institution is named as a beneficiary. • U. T. will not draft wills and other documents for donors, but, when appropriate, may provide sample language for the donor's consideration. • If an individual provides a copy of the individual's will to a U. T. employee and the will names U. T. System Administration or an institution as a beneficiary, the institution will promptly send a copy of the will to the ODGPS for review. As necessary, and at the discretion of the ODGPS, the ODGPS will furnish copies to the OGC and the institution development office for further review. Any U. T. employee to whom an individual's will is furnished must protect the confidentiality of its contents to the extent allowed by law. (b) Charitable Remainder Trusts Held and Administered by the Board. • All charitable remainder trusts for which the Board would be the trustee must be reviewed by the ODGPS, UTIMCO, and the OGC. A charitable remainder trust of which the Board is proposed to be trustee should have no more than two income beneficiaries, the youngest of which is at least 55 years of age. A term charitable remainder trust (not to exceed 20 years) may have income beneficiaries of any age and is not limited to two income beneficiaries. • If the charitable remainder trust (a) has acceptable terms, (b) is funded with cash or marketable securities, and (c) may be pooled for investment purposes, the trust must be initially funded at a minimum gift level of $50,000. • If the charitable remainder trust (a) has acceptable terms, and (b) is funded with assets that may not be pooled for investment purposes, the trust must be initially funded at a minimum gift level of $100,000. • A unitrust with a net income payout or net income with make-up provision payout should be established for trusts funded with assets other than cash or marketable securities. Other acceptable terms depend upon the standard criteria plus the ability and length of time required to liquidate or manage the asset used to fund the trust. • The Board will not serve as trustee of charitable remainder trusts funded in whole or in part with real property. However, the Board may serve as successor trustee of such a trust after the real estate is liquidated. U. T. staff will recommend that the donor or other individual or external entity serve as initial trustee and may provide information to the donor on non-U. T. institions in the donorʼs locale that may serve as trustee. • The following are the recommended maximum payout rates for charitable remainder trusts for which the Board would be the trustee: For annuity trusts and straight unitrusts with income beneficiaries: Ages 55 to 69 5% Ages 70 to 79 6% Ages 80 and above 7% For net income unitrusts with income beneficiaries: All ages 5% For term charitable remainder trusts: 7% • Exceptions to Section 15.4(b) must be reviewed by the ODGPS and UTIMCO and approved by the Vice Chancellor for External Relations. Exceptions related to trusts containing real estate must first be reviewed and approved by the Executive Director of Real Estate. • The annuity payout may not be less than 5% nor more than 50% of the initial fair market value of the property placed in the charitable remainder annuity trust. Also, the remainder interest must be at least 10% of the initial fair market value of all property placed in the annuity trust. • The unitrust payout may not be less than 5% or more than 50% of the fair market value of the assets, valued annually, of the charitable remainder unitrust. Also, the remainder interest of each property contribution to the unitrust must be at least 10% of the net fair market value of such property as of the date of contribution to the trust. • A request for acceptance must be submitted by the institution to the ODGPS as soon as possible after receipt of the gift. (c) Charitable Trusts Held and Administered by External Trustees. • Any U. T. employee who agrees to serve as trustee of a trust benefiting U. T. System Administration or an institution must immediately notify the ODGPS of his or her appointment. Upon notification, the employee will be furnished with a statement advising of the potential for conflicts of interests and directing that all communications pertaining to the trust between the employee and any office of U. T. System Administration or the institutions shall be in writing. • All charitable remainder trusts for which the Board would be the successor trustee must be reviewed by the ODGPS, UTIMCO, and the OGC. Donors who name the Board as successor trustee of a charitable remainder trust should be advised in writing that the Board will review the terms of the trust, the most recent financial statement, and all tax filings for the trust at the time of succession, and determine then whether or not it will serve as successor trustee. • The external trustee must provide annual reports to the ODGPS that detail the value of the assets of the trust and the annual receipts and expenditures. • A request for acceptance must be submitted by the institution to the ODGPS as soon as possible after receipt of the gift. Revocable interests will not be accepted. (d) Charitable Lead Trusts. • The Board may be designated as a beneficiary of a charitable lead trust if other criteria of this policy are met, but to avoid conflicts of interest, the Board will not serve as trustee of a charitable lead trust. Upon request, U. T. personnel may provide information to the donor on non-U. T. institutions in the donor's locale that may serve as a trustee. • Consistent with Board policy, a predictable stream of income from a charitable lead trust of which U. T. System Adminstration or an institution is named as a beneficiary is preferred. (e) Gift Annuities. Since the Board cannot accept gift annuities and deferred gift annuities, these types of gifts may be referred to The University of Texas Foundation, Inc. [5] for the benefit of U. T. (f) Gifts of Retirement Plan Assets. The ODGPS or the institution's president, as appropriate, may handle gifts of retirement plan assets, such as IRAs and qualified pension or profit sharing plans, which name the Board as beneficiary, including processing remaining assets, and may execute all necessary documents. UT representatives should provide appropriate language for beneficiary designation forms to ensure proper and prompt receipt of assets. All retirement plan beneficiary designations should be made to the “Board of Regents of The University of Texas System for benefit of [the applicable UT institution]. This gift shall be used for the further benefit of the [specify] college/school/department and shall be used to [specify purpose].” A U. T. institution may be a primary or secondary beneficiary. If the latter, the designation is contingent as the gift depends on the occurrence of another event. A copy of the beneficiary designation form or the portion of the beneficiary designation that pertains to the U. T. institution or other documentation showing the U. T. institutionʼs interest should be requested. A current statement of value from the account or a statement of value signed by the donor may also be requested. Such gifts are revocable. (g) Life Insurance. • The ODGPS or the institutionʼs president, as appropriate, may accept gifts of life insurance policies naming the Board as owner and beneficiary and may execute all necessary documents. • All life insurance beneficiary designations should be made to the “Board of Regents of The University of Texas System for benefit of [the applicable U. T. institution]. This gift shall be used for the further benefit of the college/school/department and shall be used to [ specify purpose].” • An existing or new life insurance policy may be accepted if the donor names the Board or a U. T. institution as both the irrevocable owner and beneficiary. • The beneficiary institution is responsible for preserving the value of a life insurance policy owned by the Board pursuant to institution guidelines. The guidelines should cover situations in which the insurance policy is not paid-up and does not have any source of funds for payment of the premiums identified at the time of the gift or thereafter. • Donors may make additional gifts to pay the premium of permanent policies that are not paid in full. Outright gifts made to a U. T. institution to pay the premiums on these policies may be accepted. If the donor/insured fails to make a gift of a premium payment to a U. T. institution in advance of the premium due date, the U. T. institution, as owner of the policy, reserves the right to cash in the policy or to pay the outstanding premium from policy cash values or from institutional funds. • When a donor indicates he or she has named the Board or a U. T. institution as beneficiary of a life insurance policy, a copy of the beneficiary designation form or the portion of the beneficiary designation that pertains to the U. T. institution or other documentation showing the U. T. institutionʼs interest should be requested. A current statement of value from the insurance carrier or statement of value signed by the donor should also be requested. • When a donor names a U. T. institution as beneficiary of a life insurance policy, but does not transfer ownership of the policy, he or she has made a revocable gift. Such a gift is an expectancy. If a U. T. institution is named a secondary beneficiary, the expectancy is contingent as the gift depends on the occurrence of another event. • U. T. institution group life insurance policies may not be assigned to U. T. System or a U. T. institution, nor may U. T. System or a U. T. institution be named a beneficiary of such policy. A donor may name The University of Texas Foundation, Inc. for benefit of a U. T. institution as the beneficiary of U. T. group life insurance. • U. T. System has chosen not to endorse any formal charitable life insurance programs or products. (h) Pooled Income Fund. • Gifts to the U. T. System Pooled Income Fund may be accepted only if the beneficiaries are age 55 or older and there are no more than two income beneficiaries for each account established in the Fund. The minimum gift needed to enter the Fund is $10,000 or a contribution of $5,000 with a pledge that additional contributions will be made to bring the total dollar share in the Fund to $10,000 within five years. • All gifts must be made in cash or readily marketable securities. • A request for acceptance must be submitted by the institution to the ODGPS as soon as possible after receipt of the gift. (i) Gift of a Remainder Interest in Real Property with Retained Life Estate. • U. T. will not accept a gift of a remainder interest in a personal residence with a life estate reserved by the donor. However, under rare and special circumstances, the Executive Director of Real Estate may grant an exception and allow the REO to review, process and approve such a gift. A request for acceptance of U. T.'s remainder interest in the property must be submitted by the institution to the ODGPS. • A gift of a remainder interest in a vacation property, farm, or ranch with a life estate reserved, must be reviewed, evaluated, and approved by the REO and the OGC and processed by the REO and the ODGPS prior to acceptance. • A gift of a testamentary remainder interest in a personal residence, vacation property, farm, or ranch with a life estate reserved will be reviewed and evaluated by the REO. A decision as to whether to accept or disclaim the gift will be made by the REO in consultation with the OGC, the ODGPS, and the institution. • While the life estate exists, the donor(s) or life tenant(s) will be responsible for all expenses of maintenance, taxes, and insurance. At the time the remainder interest is conveyed to U. T., the donor must sign a separate life estate agreement with the Board to clarify responsibility for maintenance, taxes, insurance, and other issues during the term of the life estate. See Item 5 for a sample form of Life Estate Agreement. • The REO will coordinate with the benefiting institution to schedule visits with the donor(s) or life tenant(s) at the property. Such visits should take place at least annually. (j) Bargain Sale. • An individual may transfer an asset to the Board for benefit of an institution and receive less than the fair market value in return. Typically, bargain sales involve the transfer of appreciated property. • The ODGPS, the OGC, the CBO, and the REO, if applicable, shall analyze a proposed bargain sale to confirm it is in the best interest of the institution. (k) Timeshares • U. T. will not accept gifts of timeshares. • A testamentary gift of a timeshare will be disclaimed when possible. Sec. 16 Gifts Related to Namings of Facilities and Programs. Any naming of facilities and programs must follow the Naming Policy as set out in Board of Regentsʼ Rules and Regulations, Rule 80307 [6]. Facilities and programs may be named to memorialize or otherwise recognize substantial gifts and significant donors or individuals designated by donors. Each institution shall develop guidelines for what constitutes substantial and significant donations to warrant a gift-related naming, which must be approved by the Executive Vice Chancellor for Academic or Health Affairs, the Vice Chancellor for External Relations, and the Vice Chancellor and General Counsel. A written gift agreement signed by the donor(s) is required for each gift-related naming. The OER must be furnished with a fully signed copy of the gift agreement for every gift- related prominent naming. The agreement must, absent compelling reasons, include the following language: • donor name(s) and address; • gift description and/or amount; • pledge description, amount, and due date, which shall not extend beyond five years after the date of execution of the gift agreement; • name of the institution receiving the gift and/or pledge; • a statement setting out the intended use or purpose of the gift; • the proposed naming of the facility or program; • a statement anticipating changes of circumstances, such as changes in the donorʼs gift intentions or changes to the facility or program as determined by the Board, thereby allowing for an alternative recognition or removal of the naming; and • a termination provision that contemplates the unlikely event of a change in circumstances whereby the public image of the donor conflicts with the purpose or mission of the Board or institution or would disparage, impair, or adversely impact the reputation, image, or integrity of the Board or institution in the event of a continued association with donor and the continuation of the naming. The OER shall provide sample gift agreements to each institution and will review draft agreements prior to execution by the donor and the institution. In the case of a prominent facility or program corporate naming, the institution shall negotiate an agreement with the corporation using the Standard Corporate Naming Gift/Licensing Agreement prepared by the OGC. Any substantive variations to these gift agreements must be approved by the OER and the OGC. If the donor presents a gift agreement for use, its terms must be reviewed by the OER and the OGC to ensure the agreement contains all essential elements as set out above. See sample forms of Gift Agreement for Individual Prominent Facility Naming; Corporate Gift Agreement for Naming of Prominent Facility or Program; Corporate Gift Agreement for Naming of a Less Prominent Facility; and Corporate Gift Agreement for Naming of a Less Prominent Program. Donors shall demonstrate reasonable and timely pledge payments before a naming is affixed. After a naming is attached, donors will continue pledge payments in accordance with the terms of the gift agreement. The institution shall inform the OER in writing if pledges are not paid on schedule. Upon receipt of such notification, the OER will consult with the institution to determine an appropriate course of action. Under rare and special circumstances and with the approval of the Vice Chancellor for External Relations, the pledge period may be longer than five years. Removal will be addressed in the gift agreement. Sec. 17 Corporate Gifts Related to Website Sponsorships. Acknowledgment of a gift by posting a company logo on an institutionʼs website must comply with the terms and conditions of the institutionʼs policy on website solicitations and U. T. System Guidelines for Web Site Solicitations. Board of Regents' Rules and Regulations, Rule 80103 [7] provides broad authorization for the placement of hypertext links to other websites from U. T. web pages, in accordance with U. T. System and institution guidelines that set forth the restrictions necessary to preserve the space so created for its intended purpose of acknowledging sponsorship, generating revenue, or avoiding costs. A sample Corporate Gift Agreement Website Sponsorship shall be provided to each institution. The Executive Vice Chancellor for Business Affairs must preapprove both Exhibits A and B of the agreement. Any substantive variations to this agreement must be approved by the OER and the OGC. See sample form of Website Sponsorship Gift Agreement. Definitions Administrative Approval Process - the procedure for accepting gifts to be approved by the Vice Chancellor for External Relations or his/her designee and that conform to U. T. System Board of Regents' policy. Available University Fund (AUF) - distributions from the Permanent University Fund. Bargain Sale - when an individual transfers an asset to charity and receives less than the fair market value in return. Book Value - as pertaining to an endowment, the book value is the original value of all gifts and contributions made to the endowment, as well as reinvestment of earnings and any realized gains or losses resulting from the sale of noncash gifts. Charitable Lead Trust - a trust in which distributions are paid to one or more qualified charities for a certain period of time, after which the charitable interest terminates and the trust remainder typically reverts to designated non-charitable beneficiaries. Charitable Remainder Trust - a tax-exempt trust that provides for payment to non-charitable beneficiaries for life (or lives), or a term-of-years not to exceed 20 years, after which the trust remainder goes to one or more qualified charities. Closely-Held Stock - a corporation the stock of which is held by a few shareholders, often the management or the members of a family. Some closely-held stock is publicly traded. Closely-held stock of a "closed corporation" is not publicly traded. Completed Gifts - generally, a gift is complete when the donor has parted with dominion and control over the transferred property or property interest, as in the unconditional delivery of the gift to the donee or the doneeʼs agent, leaving the donor without the power to change its disposition, whether for the benefit of the donor or for the benefit of others. A gift that is subject to conditions may not amount to a completed gift at all. Corporate Naming - the naming of any facility or program after a corporate or other business-oriented entity. Current Purpose Gifts - non-endowed gifts to be expended for the purposes designated by the donor. Deferred Gift Annuity - a charitable gift annuity for which payments to the annuitant(s) begin more than one year after property is transferred to the charity. (See Gift Annuity.) Endowments Held and Administered by External Trustees - funds administered by a trustee other than the U. T. System Board of Regents, from which a U. T. institution receives distributions, or from which the institution will receive distributions at a specified time. Examples of such trustees are banks, individuals, or other charitable entities. Facilities - all physical facilities and buildings. Prominent Facilities - buildings; athletic facilities; other prominent facilities, such as wings of buildings, major components of buildings, large auditoria, concert halls, atriums, prominent outdoor spaces, and clinics. Less Prominent Facilities - facilities such as laboratories, classrooms, seminar or meeting rooms, and patient rooms that the Vice Chancellor for External Relations, in consultation with the Executive Vice Chancellor for Academic or Health Affairs, determines are less prominent and therefore not within the category of Prominent Facilities. Gift Annuity - a charitable giving device by which a donor transfers money or other property to a qualified charity in exchange for guaranteed lifetime payments, the present value of which is less than the amount transferred. Gift Value - the value of a gift at the time it is made. Gifts are valued in accordance with the provisions of the Internal Revenue Code and regulations thereunder. Individual Naming - the naming of any facility or program after an individual or noncorporate entity. Intellectual Property - creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Intellectual property includes inventions, patents, trademarks, and copyrights. (More on intellectual property [8].) Limited Partnerships - a limited partnership is an entity in which one or more persons, with unlimited liability (called General Partners) manage the partnership, while one or more other persons only contribute capital; these latter partners (called Limited Partners) have no right to participate in the management and operation of the business and assume no liability beyond the capital contributed. Market Value - the price that an asset would bring in a market of willing buyers and willing sellers, in the ordinary course of trade. Mineral Interest in Real Property - rights to gas, oil, and other minerals, whether joined to or severed from the surface estate. Permanent or True Endowment - a fund created with gifts received from a donor with the restriction that the principal is not expendable. The gifts are invested in perpetuity and only the distributions are expended for the purposes designated by the donor. Permanent University Fund (PUF) - a State endowment fund that was established by the Texas Constitution of 1876, and that supports 18 institutions and six agencies of The University of Texas System and The Texas A&M University System. The PUF consists of 2.1 million acres in West Texas and the portfolio of assets resulting from the investment of mineral royalties generated by the land. Fiduciary responsibility for managing and investing the PUF is constitutionally assigned to the U. T. Board of Regents. (More on PUF [9].) Personal Property - anything other than real property that is subject to personal ownership (see CASE Reporting Standards and Management Guidelines, 4th edition, 1.2.5, Gifts-in-Kind). Personal property becomes a gift to a U. T. institution when a transfer of ownership has taken place. A written gift agreement signed by the donor(s) is required for gifts of personal property. Programs - all nonphysical entities. Prominent Programs - major entities, such as colleges, schools, academic departments, and prominent academic centers, programs, and institutes. Less Prominent Programs - academic centers, programs, and institutes that the Vice Chancellor for External Relations, in consultation with the Executive Vice Chancellor for Academic or Health Affairs, determines are less prominent and therefore not within the category of Prominent Programs. Prominent Naming - the naming of prominent facilities or prominent programs. Quasi-endowment - institution funds functioning as an endowed fund that may be dissolved and returned to the institution with the approval of the U. T. System Board of Regents. S Corporation - a form of corporation, allowed by the Internal Revenue Service for most companies with 100 or fewer shareholders, none of which can be partnerships, corporations, or nonresident aliens that enables the company to enjoy the benefits of incorporation but be taxed as if it were a partnership. Formerly known as Subchapter S Corporation. Surface Interest in Real Property - any interest in the surface of real property and improvements, and all other property interests that do not constitute the mineral estate. Term Endowment - funds for which the donor has stipulated that the principal may be expended after a stated period or on the occurrence of a certain event. The University of Texas Foundation, Inc. (U. T. Foundation) - a nonprofit corporation established in 1967 to accept and manage gifts in support of U. T. The U. T. System and its institutions are the beneficiaries of the U. T. Foundation, but the Foundation functions independently under its own Board of Directors and pursues its own investment policies in the management of its portfolios. (More on U. T. Foundation [5].) The University of Texas Investment Management Company (UTIMCO) - an investment management corporation created in March of 1996 solely for the purpose of managing the investment of assets under the fiduciary care of the U. T. System Board of Regents. The Board controls UTIMCO and appoints all nine members of the UTIMCO Board. (More on UTIMCO [10].) The University of Texas System Board of Regents - the governing body for The University of Texas System. It is composed of nine members who are appointed by the Governor and confirmed by the Senate. Terms are of six years each and staggered, with the terms of three members expiring on February 1 of odd-numbered years. (More on the Board of Regents [11].) The University of Texas System Long Term Fund (LTF) - an internal U. T. System pooled investment fund of privately raised endowments and other long-term funds of the 15 institutions of the U. T. System. (More on the Long Term Fund [12].) The University of Texas System Pooled Income Fund (PIF) - a trust maintained by the U. T. System in accordance with federal tax laws in order to obtain favorable tax treatment for donors to the Fund. It is designed to receive gifts of cash and readily marketable securities, paying the income from pooled gifts to persons designated by the donors during their lives. At the death of the life beneficiary, a proportionate part of the principal of the trust is severed and distributed to the U. T. System or institution as designated by the donor. Website Solicitations: Sponsorship Acknowledgments - a logo or identifier with a hypertext link to a personʼs or entityʼs website, placed on a U. T. web page to acknowledge the personʼs or entityʼs donation of services or products or financial or research support to U. T. System or to an institution or a college, school, department, unit, center, institute, or program of such institution. Policy Details UTS138 [13] Responsible Offices: External Relations Date Approved: March 21, 2005 Dates Amended: April 1, 2009 October 6, 2011 October 4, 2012 May 8, 2013 November 11, 2014 bor@utsystem.edu [14] Related Info Relevant System Policies, Procedures, and Regents' Rules: Rule 60101: Acceptance and Administration of Gifts [15] Rule 60103: Guidelines for Acceptance of Gifts of Real Property [16] Rule 60202: Endowed Academic Positions [17] Rule 70301: Matters Relating to Real Property [18] Rule 80103: Solicitation [19] Rule 80307: Naming Policy [20] UTS122 Guidelines for Web Site Solicitations [21] UTS161 Environmental Review for Acquisition of Real Property [22] Related Forms: Table of Contents [23] Gift Only [24] Gift and Pledge Above Minimum Funding [25] Gift and Pledge Below Minimum Funding [26] Newly Created Endowment with Multiple Donors [27] Newly Created Quasi Endowment [28] Newly Created Quasi/Perm Endowment [29] Life Estate Agreement [30] Standard Corporate Naming Gift/License Agreement [31] Corporate Gift Agreement for Naming of a Less Prominent Facility [32] Corporate Gift Agreement for Naming of a Less Prominent Program [33] Gift Agreement for Individual Prominent Facility Naming [34] Website Sponsorship Gift Agreement [35] Acceptance of Gifts Conforming to Policy Matrix [36] Relevant Federal and State Statutes: Internal Revenue Code of 1986, as amended [37] Texas Education Code Section 65.36(f) Donations for Professorships and Scholarships [38] Texas Government Code Chapter 552 Texas Public Information Act [39] Texas Property Code Chapter 163 Management, Investment, and Expenditure of Institutional Funds [40] Links: [1] http://www.utsystem.edu/policy/forms/uts138/TableofContents.docx [2] http://www.utsystem.edu/board-of-regents/rules/60101-acceptance-and- administration-gifts [3] http://www.utsystem.edu/reo [4] http://www.utsystem.edu/board-of-regents/rules/60202-endowed- academic-positions [5] http://www.utexasfoundation.org/ [6] http://www.utsystem.edu/board-of-regents/rules/80307-naming-policy [7] http://www.utsystem.edu/board-of-regents/rules/80103-solicitation [8] http://www.utsystem.edu/ogc/IntellectualProperty/homepage.htm [9] http://www.utimco.org/scripts/internet/fundsdetail.asp?fnd=2 [10] http://www.utimco.org/scripts/internet/index.asp [11] http://www.utsystem.edu/board-of-regents [12] http://www.utimco.org/scripts/internet/fundsdetail.asp?fnd=4 [13] http://www.utsystem.edu/sites/utsfiles/policies/uts/uts138.pdf [14] mailto:bor@utsystem.edu [15] http://www.utsystem.edu/board-of-regents/rules/60101-acceptance- and-administration-gifts [16] http://www.utsystem.edu/board-of-regents/rules/60103-guidelines- acceptance-gifts-real-property [17] http://www.utsystem.edu/board-of-regents/rules/60202-endowed- academic-positions [18] http://www.utsystem.edu/board-of-regents/rules/70301-matters- relating-real-property [19] http://www.utsystem.edu/board-of-regents/rules/80103-solicitation [20] http://www.utsystem.edu/board-of-regents/rules/80307-naming-policy [21] http://www.utsystem.edu/board-of-regents/policy- library/policies/uts122-guidelines-web-site-solicitations [22] http://www.utsystem.edu/board-of-regents/policy- library/policies/uts161-environmental-review-acquisition-real-property [23] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/tableofcontents.docx [24] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/giftonly.docx [25] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/giftandpledgeaboveminimumfunding.docx [26] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/giftandpledgebelowminimumfunding.docx [27] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/multipledonors.docx [28] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/quasi.docx [29] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/quasiperm.docx [30] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/lifeestateagreement.docx [31] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/corporategiftagmt.docx [32] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/corporategiftagreementforcorporatenamingsoflessprominentfacilities. docx [33] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/corporategiftagreementforcorporatenamingsoflessprominentprog.doc x [34] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/indpromfacilitynamingfinalsamplegiftagr.docx [35] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/websitesponsorshipcorpgiftagr.docx [36] http://www.utsystem.edu/sites/utsfiles/policies/uts/related- forms/matrixofacceptanceofconforminggifts.docx [37] https://www.law.cornell.edu/uscode/text/26 [38] http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.65.htm#65.36 [39] http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm [40] http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.163.htm [41] http://www.utsystem.edu/offices/external-relations/allI ~\ LV 87 ..
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Gary David Bray and Texas Division, Sons of Confederate Veterans, Inc., and David Steven Littlefield v. Gregory L. Fenves, in His Capacity as the President of the University of Texas at Austin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-david-bray-and-texas-division-sons-of-confederate-veterans-inc-and-texcrimapp-2015.