Legal Opinion · Dissent

Coffee v. William Marsh Rice University

Texas Supreme Court

Decided April 27, 1966No. A-10719Published

1DissentSmith, Justice

I respectfully dissent. Rice University sought and secured equitable relief in the trial court under the doctrine of cy pres which has been available to trustees of public trusts for centuries, and such doctrine is specifically made available to trustees of public trusts by express provisions of Section 2,1 Article 4412a, Vernon’s Annotated Civil Statutes of Texas. Section 52 of the Article outlines the duties and responsibilities of the Attorney General in regard to any dispute, claim or controversy of a character described in Section 2 of Article 4412a. There is nothing in the act which…

2Cases cited18 opinions

  1. McCauley v. Consolidated UnderwritersTexas Supreme Court · 1957
  2. Maud, Tax Collector v. Terrell, ComptrollerTexas Supreme Court · 1918
  3. Boyd v. Frost National Bank of S.A.Texas Supreme Court · 1946
  4. Staples v. State Ex Rel. KingTexas Supreme Court · 1922
  5. City of West University Place v. MartinTexas Supreme Court · 1939

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