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.OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEYOENERAL
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!zr.%6. 8. ‘Sayp
Dfrector oncl ~x~outivo %crotary
Teach3r netiremnt 3yatwi of Texas
war mrs, sapp:
“Joe Xl18 I?onry of the %eaoher
Retiremnt qmtom in ated her father
and nothsr, John and bar benefiolar$oa.
EeL3ont %mx+t 2.12San.
manner: ::o vmw to psy ths tiusbund of Lcora, 3ohn, :
one-thfra bf the ac~ouot stona4ng to the qrotlit of
Joe Ella ljenry Kelly, deoe6s@d, and divide tha r~-
naincler equal!y azmon~tLto ohildrsn OPT2902~ Ikmry.~ !:
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“Then, a will vi4S alsoovered. A ‘cortlfl.ed
., bogy ‘of the will is attached.
%a do not consfdcr this will complete since
it said 811 interest in evcrythinp, except artloloo
listed on the other shoct. X2. Thrasher, tho attorney,
stated that al.1 of tha will oould not Lo filed because
. of the languafa used. i&1$' 8 POl'tiOll Of tk aill iS
pTOb8tt3d. This nil.1 vws probated August 27., 1844 and
Dora Alioa Kanry nhcmbo was made the administrator.
.
9!he amcuut atandlnp to the oredit of foe ~116
Denry :l013.y, deooasod is $25G.G9.
II
“zhat d2sposI.tfon shall I mke of this case?"
You hsve prsvicualy been adv&od by this Uepartxent
in.opinS.on Eo. O-2048 thst in oases where the accwxmlatod con-
tributions 42x1 des@ated in tho Teacher ???etlreimnt Syston to
be paid to 8 third party the sam should be so paid regardless
of the fsct thst in 4 subsequent ~111 the deceasad loft all of’
her property, both real, personal -end nfxood, to somono else.
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You iwo acoordln@y advisad..that ths amount in the
account of the deceased tcaoher ambbor should be.psid to her
desi~atod beneficiaries on Pilo v:ith the Taaohsr T!etfrsmnt
Bystml. Tn this case the zenber designated, ,*John and looxa
Henry, father and aother’?, aa her benifiaiarias to rooeivo
this fund in tho avant of her doath before rutlrenmnt. Under
this type ol desienati~on Y.%iwst assw~c that the mnber ln-
tsnd.ea to leave one half to caoh of hor pareuts. There boinc
no provisions for the d.isposition of a psrenti’s share in case
of the death of one of thez, tho designation us to themthor
fails, since ahe pradooeased the tnarnber. The designation
atonds as tc tha father nho was, living at the tim of the
death of the n&bnbor, 110 is, therefore, entitled to one half
oft the funds in the amount of the nczbnbar, Joe E1l.a henry
Xelly, BCC4434d.
to the remixing on0 halP tharo is no hamd
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A6
, bamfioiarg slnca tha designation to tho moth,or has failed.
,
.Artfcle 2922%$ subsection (6) oonoarnSng t.he
disposition or tecchors’ retlrotiont funds, provides in
pert as followa:
‘t . d .~ Should G member die before ratire-
mant, the. amount of his occuxulataa oontributions
stendine to tha orcdlt of ble ifldiviaua3. uooount
eholl. be paid as provided by the laws of descent
.. end distribution of Tex3s unless he has directed
the account to be paid otherwise . . . .* ’
Fhlle XG hove ke3.d that a Canoral will ‘suoh as the
one here involved, vi511 not oserete to chanpo tbc bewficiary
was deolenstsd on the form furnished by the Toaoher !lotir&ont
Sjetem, ::e have also held that such a w:ll is a sufficient
designation v:here the member hus failed to nar% a beneficiary
on the form yrovided bytho System. (See this department’s
opinions $?~a. O-2043 and O-2907). ‘i’hhe mva vjuuld be true
where, as hero, the doceaood~membor has designetod t;wo~~~b~&ne-~~ -,
,fioiarioa on the form $rovided by the Qstom sad the dkeig+ “,
nation as to one of them has faklod by raason of the. de~ath
.of one of the beneficiaries prior to the death of the me&-
her . ,_,
You em theror'oro advised that the'xomainlng one
half should be paid to Dora Alica Eenrg Rhazbo, Adfzlnistratrlx
and sole benefioiarg of the will of Joe EZlu Eenry .flelly, de-
ceased.
!?a will no% here attempt a disoussion OX' the gues-
tioa of the cox~lotnass of the will rolsed by the seventh,
paragraph ,of your letter. .:e have carefully~ exa.mlned the
certified ooppies of the will. and Lottore of Administration
txlbmltted with your request. In addition to this ke have
also orumined 811 of the parers on file In the office of
the County Clerk of Travis County in cause Do. 11,190,
~styled, Estst.c of .3oo Ella Henry holly, deceased. Our
: lnvestication rovec’ls that this vfl.11 was edzittod to pro-
bate over the aontest of Uoc63sed~s.husband. ,:Tho oourt
.
enterixi its order admitting, the will to probate to pihich
the hucL6nd duly excepted a’nd tiled notice of appeal. Ko
eppeal was pwfoctod and the tin8 has lon,g siaoo expired,
Undsr those fnats w8 .m,uatasmme that the co.%-
pletness of the ~111 was lit&ted in the above nuxberod
sod entitled oause and that for our purpose the will is
valid.
:
Xo are herewith
Vexy truly yak
Ben5amFn?~oodall
. Assistsnt
I?I!BD:28
Encl.
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