OFFICE OF THE ATTORNEY GENERAL OF TEXAS
.AUSTIN 11
GROVER SELLERS ‘*
AITORNCY GENERAL
i ..
Honorable San H. Davidson
County Attorney
Levelland, Texas
Dear Sir: Opinion I?o. O-6394
Re: Under present law guardian of
Your letter of
of bond required of the
killed in service and
nonthly installmnts
been given our
In said case the
.This text uas based upon the case of Vest v,
Forsythe, 1870, 34 Indiana 418. That case was ‘,
instituted to relilove a guardian because of the
Honorable Sam H, Nvidson, page 2
cI
. ihsufflciency of his bond. The father of two
Pinoro died during the Civil War, his widow re-
narried, and the stepfather attempted to qualify
as guardian of the estate of the minors, vhich
consIsted of a pension alloved by the Govcrnuent
of $140 per annum until each minor attained. tine
age of sFxteen. In announcing Its decision) the
.court used language applicable to the case under
consideration; it said: ‘It is quite clear that
Forsythe should not continue to act as the guard-
ian of these children and receive on their behalf
the bounty or pension due them from the govern-
ment, without giving a bond vhrch will be ample
to -secure it to them vhgn the perLod of their
wardshIp terminates G * *.,I”
Under the above authority, it is our opinion that
the guardian under the law as it exists at presont will. have to
&VO a bond for double the amout that the minor could receive
under the ,stated facts during his minority.
Wa call your attention, however, to the f&t thst the
Legislature at its recent session Emended this statute and sa3.d
Act vi.11 take effect in September, 1945. Under the nCii Lav, the
guardtan will be roquirad to make a bond for only double the
amount that she wlill receive any one yaar. It lB3y b0 lJiS0,
therefore, for the matter to be hold in abeyance, if possible,
until the nev law takes effect in September.
Yours vary truly,
APA’ORRZX
GiEZXXL OF ‘EXAS
3-u
Gee. H. Eargus
Assistant
GKB/JCP
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