Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN QROVER SELLERS AlTORNLI QCNLIIAI. . Honorable .Jos, By, Dart. County Attorne?’ Kendall Ownty Boe me , Texas Dear, Sir!: Opihioh~ Elo’. o-7261 / t~oti:br:~r;staties $.n:Texas ‘presorlbed by: the~‘v&rlous provisions of our statutes regulat&g the settlement of estates. The jurls- dlatlon and powars’bf ‘the aourt to settle tha estate .Honorable &OS. B. Dart, Page 2 Is always behind an Independent administration.’ - Wilhelm s Estate vs. Matthews, 274 S. W, 251, is 0itea? “--MJcle 3644 R.C.S. says in part: ‘If any person entitled to a. portion of an estate . . . . shall not demand hle portion from the executor or administrator within six months after an order approving the report of oomdseionars of. partition, the county udge by an order entared upon the mlnu~te6 .bhaL requlre~ the exeautor or adminl.strator to pay 80 much of said portion as may be in money to the .Stata Treasurer ; ,’ . . .Upon the settlement of the final aooouat of. an exeoutor ore administrator, if the ~.helrs, aeolseee or .legatees’ of the iatete a0 not appear, , . . and there are any k&l~.& ouoh estate’ ramainln~ in the~,hands of.:the exeoutor or atlmlniatsator,. the. oountg .&age shall enter an order upon-~the~mlnutes requM.n& buoh exeoutor or administrator to pay suoh funds to the State Treasurerr ’ (. TJnder: the above dated raots and by referenoe to the quoted cases and, the statutes governlng~ tha administra8ion of es.tates by an’ executor appointed under a wlll’5.n whloh the provieions of Art, 3436 are emboalea, woula the aountp judge be authorized to aooept an application from the inaepenaent- exeoutor for amorder dlreoting the independent executor to turn the $10.00 in question Over .to the State Treasurer, and la turn iseue.the order?” While it &true, in one sense, that this bequest la an “unCialmad portion? of the’ Estate oi Decker, Deceased, it nore properly should be @awed as a rejeoted bequest, A berietioiary unbar a will Is not bouna to aaoept a legaay or devise therein provldsd for but may alsolalm or renouno6 hla right under the ~111, 69 0. J, 974, 880,~ 2168, Where the beneficiary disclaims or renounoes his interest under the will, it beoomea inoperative as to him, and the property will be. dealt with as if the gift haa not baen made. Id, Sao, 2169,. . / 25s qonorable Jog. B, Dart, Page 3 Artlole 3644 wss a part of a comprehensive aot asera in 1~76 pertaining to the estates or deoeased persona, P t is obvious ftom the plan and struoture of said Aat that this seotloa was Sntendrd to apply to the portion or aa estate which was bequeathed to persons who were non-resident, who oould~ not be found, or who iOr any other reason ‘were not represented in ogurt at the time of the distribution of the as8ate. 'The monag was plaoed fn the oustody or the Treasurer of the State in order that euoh persons later might make proper proor and reoover them. Therefore it is our opinion that the Oounty Sudg@ wotila not be’authorlzed to aooept and grant an applloation from the lnaepeadrnt enoutor for’~ sn order direotlw the pay- men8 or the #lo.00 in qtiesbion to the State Treasurer. Yours very truly ,ATTORNEY GImRARAL OB ‘!CBXtW ~j&“ff&&, Arthur I,. Moller Assistant Albums