Texas Attorney General Opinion: V-958 Page: 2 of 10
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Hon. Robert S. Calvert, Page 2 (V-958)
Paragraph IX of the will reads, in part, as follows:
"(a) Forty-five per centum (45%) of the net
income from this trust shall go into, and constitute
the 'McFarland Day Nursery Fund' to be used for the
care of underprivileged children residing in Tarrant
or Parker Counties, Texas. Said Fund shall be han-
dled and expended by, or under the direction of, the
Rector, Wardens and Vestry of St. Andrew's Episcopal
Church of Fort Worth, Texas; and, to the greatest ex-
tent by them from time to time considered feasible,
shall be used and expended by contributing to the sup-
port, maintenance, development and improvement of an
institution, or institutions, such as The Day Nursery
Association of Fort Worth, Texas. ;But we desire and
direct that, to the extent said Rector, Wardens and Ves-
try of St. Andrew's Episcopal Church of Fort Worth,
Texas, from time to time may consider practicable,
they exercise reasonable supervision over any institu-
tion to which contributions are made. If said Rector,
Wardens and Vestry of St. Andrew's Episcopal Church
of Fort Worth, Texas, consider it wise and judicious,
they may, and are hereby granted full power and author-
ity to, acquire by purchase, or otherwise, suitable prop-
erty, or properties, and thereon operate a Day Nursery,
or Day Nurseries, or a similar institution or institu-
tions, for the care of underprivileged children living in
Parker or Tar-rant Counties, Texas.
"(b) Forty-five per centum (45%) of the net in-
come frbm said trust shall be used to aid young men
and young women who are residents of either Tarrant
County or Parker County, Texas, to secure an educa-
tion or vocational training. This aid shall be granted
by long-term, low-interest loans to the young men and
young woman selected as hereafter provided. Such loans
may be made to minors. The portion of the income from
the trust created hereby which is to be used in this way,
and all repayments of loans and interest thereon, shall
c ons titute a fund to be known as the 'Eddleman-Mc Far -
land Fund.' This fund shall always be controlled and
managed by the Rectors, Wardens and Vestry of St.
Andrew's Episcopal Church of Fort Worth, Texas,t s
that body shall be constituted at theavarious times the
actions hereafter provided for are to be taken. We wish
and direct that at all times approximately fifty per cea-
tu (50%) :of the sums available for loans be loaned to
young men and young women residing in Parker County,
Texas, and approximately fifty per centum (50%) to
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-958, text, 1949; (texashistory.unt.edu/ark:/67531/metapth265777/m1/2/: accessed December 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.