~;.
No. 6127
L. A. SCHRBINBR, BT AL f IN TNB DffiTRICT COURT
VS. f OF RRA COUNTY, TRXAS
JULNS R. NBUNHOFFER, ST AL t SYCOND 38TH JUDICL!J. DISTRICT
d1i444l~.l18
Oa this the ~/t. day of September, 1968, came on to be heard
the above entitled and numbered cave, and came tha Plaintiffs,
0
L. A. Schreiner, W. Scott Sehreiner and Chae. Schreiner, III, by
their attorney of record, Joe Burkett, Jr. ,and came the State of
Texas by and through its Attorney General, Cranford C. Martin, the
Honorable Z. T. Fortescue, III, Assistant Attorney General of Texas
appearing in perwn on behalf of the State of Texu, and came the
Honorable Jul1w R. Neunhoffer, County Judge of Kerr County, Texas,
and the Commissioners Court of Kerr County, Texas, to-nit: W. C.
Schnethelm, Comiaeione. Precinct One, Clinton D, Burney,
Commissioner Precinct Tr+o, Roger Stone, Commissioner Precinct Pour:,
and Adolph Bartel, Comissionr Precinctl9nee, and Julies R.
Neunhoffer, the County Judge of Kerr County, Tezae, also being a
member of the Commissioners Court, by and thzough their attorney of
record, the Honorable Bdgar A. Wallace, County Attorney of Kerr
County, Texas, and the Court having read the pleadings, hsard the
evidence end the argusrnt of counsel, is of the opinion that
Plaintiffs' petition should be granted; and the Court further being
of the opinion that she lw and facts sre nltb the Plaintiffs, and it
further appearing ttmt all parties Dafendaat have joined with the
Plaintiffs in their pleadings seeking an adjudication and delineation
of the msaa®esnt of the eturltable Crest involved in this suit;
Lt is tlrnfore OADBRBD, ADJUDGBD and DBCi6BD by the Court that the
nslgnatioa of each of the Plaintiffs be and le hereby accepted,
sad that she acw~ats end accounting of •a1d Plaintiffs be and is
1.
t.. _ .-. ....

d
hereby in all things approved and confused, and said plaLetiffa in
thels capacities as Trusters of the Charles Schreiner goad Pond,
a charitable trwt, be and era hereby ordered sad directed hs deliver
oyes to the Clue. Schreiner Bank of Kerrville, Kszr Comty, Tws,
as Trwtee, ali of the sasses, recozds, books and properties of every
natutu whatsoever belonging to the said Charlra Sclasinar goad Yund,
end upon making suck delivery the[ it take its receipt therefor, and
apse the same being filed among the papers of this caws duly executed
the Bald L. A. Schreiner, W. Scott Schreiner and Ches. Schreiner, III
bs and are hereby discharged from any further duty or obligation in
connction with the handling and management of said trwt, and each
of said Trwteea is hereby released frog any personal liabiliey for
Che conduct of acid CrwC affairs durltig the time that esch of them
has nerved as a Trustee of said trwt, and the Court hereby declares
that each of acid Trwteee individwlly and as a Trustee has in all
things performed hie duty.
The Court further finds from the evidence and the inspection
of the records and conduct of the affairs of Bald trwt that each
of the plaintiff Trustees have managed said trust fund 1n accordance
with the terns of the trwt instrument creating said trwt and have
at all times been prudent and proper in their handling of the same.
The Coast further finds ae a fact that since the time of the
szecution of the trwt instrument by the lets Charles Schreiner on
Augwt 6, 1920, tlut circumstances have changed to a great degtte
and the Court is of the opinion that it would be to the beet interest
of the public beneficiaries of said charitable trwt that the Qua.
Schreiner Bank of Kerrville, Texas, be appointed ae the sole Trwtee
to carry out the reran and provisions of such charitable trwt, sad
further tlut dw to the fact that the Clue. Schreiner Beak of
Kerrville, Ttzas, has gwlitied under the banking laws of thin State
2.
to conduct a tswt dapartstifat, and Further Chat said bank la a State
bank operating under a charter granted by the State oP Texas and
under the coattautag supervision of the banking departamt of the
State of Tesas Chat no Goad shall be squired of acid bank as Tzaatee,
she Court being of the opinion that the public bewflciariea of said
trwt w111 bs adegwtely and properly protected erodes the bsnktag lava
of the State of Texas, and further it ie the optaion of the Court
that to require a bond would eeriowly impair the public benefits
to be derived from said trw t by virtw of the coat of a surety bond,
which such coat would have to be paid each and every year out of the
earnings of said trw t and thaC the cost of such a suety bond would
be substantial; it is therefore ORDBR~, ADJUDGED end DECREBD by
the Court that the Chas. Schreiner Bank of Kerrville, Texas, be and
le hereby designated and appointed as the sole Trw tee of the Charles
Bchretaer Bwd PUnd and 1s basby directed to carry out Che pm-
viaions of such treat ta accordance with its terms except ae such
terms rosy be ta thle order aaended; it is further OBDBI~D, ADJUDGED
and DBC668D by the Court that no bond or other form of security
shall be squired of the Chas. Schreiner Bsnk of Kerrville, Texas,
ae such Trw tee to insure the faithful performance of Its duty ta
such capacity.
It further appearing to the Court that it would be to the beat
taterest of the beneficiaries of said trwt that the Chas. Schreiner
Bank of Kerrville, Texas, shall be paid the wwl and cwtoassry
fees for its services that axe charged by trwt departments of banks
ta Southveat Teas for the amagearnt and hsadltag of the sFFalza
of acid trwt; it is further the opinion of the Court dust the
public beneficiaries of said charitable trwt would be beat served
by tIm granting to the Res. Schstaer Hank of Kemille, Texu,
Trwtae, all of the power granted trwteea under the terw of the
3.
Texas Trust Act as the same now exists or shall be hereafter emended
in connection with its nenagement of said charitable trust; it is
therefore ORDERED, MJIIDGED and DECREED by the Court that the Ches.
Schreiner Bank of Kerrville, Taxes, ae Trustee of the charitable trust
known ae the GTiarlee Schreiner Roed Fund shall be and is hereby
authorized from year to year, and from time to time until the further
order of this Court to retain in i`s possess ion at the end of each
accounting year a sum of money equal to a of 1% of all principal
funds oi' this trust in the sum of 5175,000.00, and it is Further
ORDERED, MJUDGED and DF.CRCt:0 by the L'ourt that the Chaa. Schreiner
Bank, as said Trustrr, shall have and is hereby grantrd and given each
and evrry powo given [rusts rR under thr Terms of the 'Texas Trust Art
aR thr Rnmr now criR is or nmy br bore vl'err amm~dra in conneetirni with
its management and handling, of thr aPFairs of this rharitablr trust.
Tt further app~~a ring Co the Count that Cho trust inRt tamest
orating tb is trust refers to and pl sees car [afn duties and obligations
on thr Cvlm ty Judgr of Krrr Cvunty, Texas, and the Cammiss ionora Court
of Krrr L'owity, Texas, pruvid ing Cot the ad vier and suggestions and
rrrumm~nda[lons Ln ronnrrt ivn with the purpasrs of said trust, and in
prn'tfcular conreru ing thr superv isinn, cons Civet ion, maintenance and
upkrep of certain public roads in Kerr County, 'frx aa, and in particular
all public roads in Krrr Cvunty, Texas, leading tv and Frvm the City
of Kerrv illy, 1'exaa, and it 1'urthri' aPPi'ai'Fng to the Cvurt that it
to in the beet Interest of the public benelYciarirs oC said charitable
trust that this Court appoint the County Commlssimiera Court of Kerr
County, Texas, to Include the County Judge oC Kerr County, Texas,
and all of the Canmiesioners of Kerr County, Texas, as an advisory
trustee to advise and recommend to the Chas. Schreiner Bank, ne
Trustee, each year and from time to time as tv which of the public
roads ta Rerr Cowty, Texas, spat orgtnely rased the asalataacs and
tha funds which may be earned by acid tr»t so that the income from
said trust may be best expended to benefit tir public bamsficLriss
of said treat; it is thexetors 01®LgED, ADJWCeD and DRC~BD by the
Coure that the Conalasioners Court of Rene Cowty, Tesae, as an
official body, is htssby appointed and designated b7 this Court as
an advisory trwas whoa duties alwll bs and ass hereby detertsined
to be to from C1me to time and at laaat onw ovary yasr, beginning
on tir let day of Janwry, 1969, to ncommrnd to Chao. Schreiner Bank
as Trwtse 1p Mlfst 1YNMI the earnings of said trust fwd should and
can be beat expended to carry out the purposes of this trw t. It is
Bather ORDBgBD, ADJWCBD and DBCRESD by the Court that when such
recovmendations have been received by the Chao. Schreiner 8enk, ae
Trwtse, from the Cammieeionere Court of Kerr Cowty, Texas, as
advlsoty ttw tee, that said Trustee shall, in its sole discretion,
determine which of such recommendations can beat carry out with the
available fundr and said Trwtse shall notify the advisory trw tee
of its dstermination and shall then be obligated only to deliver
to the advisory trustee for deposit in the proper public fund such
Funds as may bs available and ndsded for the approved project, or
projects, take the receipt of said advisory trwtae and from that
point forward said True tee shall have no further duty, or reapon-
aibillty, or obligation in connection with the proper exptnditure
of such fwda, but each duty and obligation for the expenditure of
such fwda shall at that time pass to end become the responsibility
of the advisory trwtae and shell be handled by said advisory
trwtae in tb same manner as public Fwde are adminiaterod under
the laws of ttM Sutx of Tessa as eM same now exist or may be
Mreafter amended. The Cosmissionsn CourC's responsibility and
S.
.~_ ; ~.
obligation under the original trwt lastrursnt ro oversee or
supervise such road projects sa may be heresftes approved by the
Trwtee is ircrain ao May altered or diminletrd.
It is furttrr ORDEKW, ADJUDGSD and D6CitEED by ttM Court that
the Trwtee herein appointed and named shall annwlly mnke or cave
to be made a coeplste and full accounting of the condition of said
trwt, including its assets, income and expenditures for said year
and shell certify to the same, and a copy siwll be furnlahed the
ComWiaetoness Court of Rerr County, Tsxaa, itt its capacity as
advisory trwtee, end a copy shall be filed with the District Court
of Rerr County, Texas, and shall be kept safely by the District
Clerk of thla Court so riot the same shall be available from time
to time for inspection by the Judge of this Cous and such other
persons ae may have a proper inquiry omcerning the same; that a
copy shall be walled to the Attorney General of ttr State of Texas
for the inspection of that officer eo that he may be in a better
position to carry out and perform the duties imposed upon hie
office by the lave of this State.
It Ls further OADEpED, ADJUDGED and DECREED by the Court
that the coats of this proceeding shell be paid by the Chas.
Schreiner Sank, ae Trwtee, ae soon as this matter has been fully
terminated end the costs thereof shall have bean fully determined.
SIGlIED this <<'/_ day of <_(;y,"_ G: ~~, A. D. 1968,
r~vin 'Black, Jr., DietriC~ Judge
Karr Cowry, Texas,
Second 38th Judicial District
w.c~ w~~w~~+~~"
~~• U
_..__.....~.... w..:.
w ..~_~._... ___
6.
RE: SCHREINER ROAD FUND
Judgment in Second 38th
Judicial District Court
L. A. SCFIl2EINF.Rr ET AL
Vs.
JULIUS R. NEUNHOFFER, ET AL
9-5-196E
CfiAS. SCHREINER BANK OF KERRVILLE
designated and appointed as the sole
Trustee of the Charles Schreiner
Road Fund.
Commissioners' Court of Kerr County
appointed Advisory Trustee
(Judgment recorded in Vol. 14,
Pages 446-448 - District Court
Minutes)