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COFFEE v. WILLIAM MARSH RICE UNIVERSITY

No. A-10719.

403 S.W.2d 340 (1966)

John B. COFFEE et al., Petitioners, v. WILLIAM MARSH RICE UNIVERSITY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 1, 1966.

Attorney(s) appearing for the Case

Bracewell, Reynolds & Patterson, William Key Wilde, with above firm, Wright Morrow, Houston, for petitioners.

Baker, Botts, Shepherd & Coates, Tom M. Davis, O. Don Chapoton, Alvin M. Owsley, Jr., and Dillon Anderson, with above firm, Houston, for respondents.

GREENHILL, Justice.

William Marsh Rice created a charitable trust resulting in the establishment of Rice University. Among other things, the trust instrument specified that the institution should be for white citizens and that it should be free of tuition for all students. Rice University and its trustees, hereinafter referred to as Rice, instituted this action for a construction of the trust instrument and for an application of the equitable doctrine of cy pres...

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