Foshee v. Republic National Bank of Dallas

I respectfully dissent to the rendition of a take-nothing judgment in this cause. I would hold that the will of Mrs. Schlosberg sets up a “mixed trust”1 and, under settled rules applicable thereto, we should carry out her testamentary intent by upholding the charitable element of the trust providing for upkeep of the entire mausoleum.

I agree with the holding of the Court that a perpetual trust for the upkeep of a private burial plot is not considered to be for charitable purposes, and therefore the constitutional inhibition against perpetuiti-es prohibits the enforcement of such a trust.…