Tom Green County officials and attorneys for Charles Hughes, et al, have reached a settlement in the years-long lawsuit regarding the final wishes and bequests of Duwain E. Hughes of San Angelo, who died in 1965.
Commissioners met in closed session three times recently regarding the case.
Pct. 3 Commissioner Bacon motion to approve the settlement agreement, which in rough terms, calls for Tom Green County to compensate Hughes $450,000, by means of establishing a trust or something similar, and naming the library building in Duwain Hughes’ honor.
The court approved the settlement on Tuesday.
This is a developing story, and more information will be added when details are made available.
The Lawsuit
According to information from the Jackson-Walker Law Firm, co-counsel for the plaintiff, the case originated as a three-way dispute over the Estate of Duwain E. Hughes, between Charles Hughes, Tom Green County, and Southern Methodist University.
According to the last will and testament of Duwain E. Hughes in 1965, SMU inherited certain mineral rights for the purpose of establishing an endowed chair in the English Department.
Additionally, Hughes bequeathed his home and furnishings to Tom Green County, to be used as a branch library bearing his name, with the residue of his estate going to the Tom Green County Library for upkeep of the structure and purchase of new books.
The dispute arose in 1991 when SMU’s Board of Trustees sought to release a restriction on the amount of funds the university could access after proceeds from the mineral interests exceeded $1.5 million, the highest level of funding permitted by university regulations.
Tom Green County intervened, arguing the mineral interests reverted to the county, while Mr. Hughes’ nephew, Charles Hughes, intervened on behalf of himself and the other heirs-at-law seeking title to the mineral interests.
Charles Hughes and the County agreed to settle their claims against SMU in return for equal shares of $1 million, and Duwain Hughes name on the County library, if the commissioners determined the SMU settlement amount was substantial enough.
Tom Green County’s share of the $1 million settlement was the largest single donation it had ever received at that point. The County Commissioners approved the settlement.
Seventeen-years later, when the county finally built a library, the Commissioners Court voted to name the library after Steve and Pollyanna Stephens, who chaired the $16 million fundraising campaign for the new library building.
Charles Hughes subsequently sued the County for breach of a settlement agreement.
Over the next 10 years, Charles Hughes and the County argued in courts at every level regarding whether the suit is barred by limitations, whether the naming provision is illusory or indefinite, and whether Charles Hughes’ claim for injunctive relief under the Texas Open Meetings Act (TOMA) was erroneously dismissed by the district court.
Hughes’ attorneys have consistently prevailed.
The last major movement in the case was in December of 2023, when Austin’s Third Court of Appeals agreed with Hughes’s arguments regarding the state statutes of limitations and TOMA claim.
The Court, however, declined to address the question of whether the naming provision is illusory or indefinite, writing: “In the light of the fact that we must remand a portion of the case to the trial court based on our conclusion below that the district court improperly dismissed Hughes’s TOMA claim, we decline to exercise our discretion to review the additional grounds raised in the County’s motion and remand those grounds to the trial court for its consideration in the first instance.”
The case is Charles Hughes v. Tom Green County, No. 03-22-00405-CV, in the Texas Third District Court of Appeals at Austin, on appeal from the 51st District Court of Tom Green County.
Duwain Elisha Hughes Jr. was born on Oct. 24, 1923, in San Angelo, one of four children of Duwain and Zulette Jackson Hughes, a family of pioneers in Irion and then Reagan counties.
According to local history, the family had traded a store in Limestone County to J.M. Carson for land in what is now Reagan County, and later worked extensively as a surveyor, acquiring more land in Irion County.
The elder Hughes surveyed the original town site of “Mertz” in 1908, and later helped organize the First National Bank (1910) and Wool and Mohair Association (1917).
Duwain Jr. graduated from San Angelo High School in in 1941 and then attended Southern Methodist earning a bachelor’s degree in English in 1945, and a master’s degree in 1953.
He taught Latin at Edison Junior High and then English at Central High, and was widely noted for being an exceptional organist.
He was regularly in demand to play weddings and musical programs, and served on the board of the San Angelo Symphony and the Philharmonic Society.
He died on March 15, 1965 at the age of 41.
Both he and his sister, Mary Katherine (Kitty) Hughes Trigg and her husband Charles also donated liberally to SMU. The Hughes-Trigg Student Center is named in their honor, in addition to scholarships.
