COPY ) ?IonorableMortimer Brown Executive Secretary Teacher Retirement oyatem of Texae Austin, Texas Dear Sir: Opinion No.&35?7 Re: Dlstr?bz.ition of accumulated aontributlons OS Xrs. Uldred Baker 'young, a &eceased te'acher. In yoursletter of May 8, 1941, you submit orrt+~ taota and raquast our opinion in response to certain-quertiona arieing therouiulmti, as follower *l&o..IbildredBaker Young, a mentieror the Teacher Retirement Sy@em of Texae, died nrter hav- ing named her mother, Susan Alloe Beker, as the beneficiary to redaeive her aooumulated oont lbu- Mona in ths Teaoher Saving fund in uasa of hor doath.Mfore tietirbment. Mrs. Susan Alice Baker died before $he money could be paid to her. Ths Retirement Sj@tsm is now oontrontadwith the problem or how to dispose of ths money that would have been returned to Xrs. Susan Alloa Baker. *Aa the children of Nrs. Bakar state that no admlniotntor haa beon appolnted,the Teaoher Re- tlriunentayet= i8 rillln& to oooperate with the children in eettll~ with direct peymenta to the heirs if the System oan determine the manner In whioh the nonay 6hould.b. returned. At ths time of Mrs.'Bsker'8 death, sha was not married - her hurband having died 801&efltteen years prior to her death. The iallowing ohlldren were born to Mrs. Baker: Honorable Yortimer Brown, page 2 "Mrs. Ylldred.Bakor Toung, deoeased a. P.~Baker' D. A. Saber H. 0. Baker "Would the Teacher Retirement Syeten?be return- ing the money gro;:erlyto the various heirs if one- fourth of the money was paid to T. F. Young,,husband of Mildred Baker Young, deaeased, and one-fourth was paid to each of the three son87 If this 10 not the proylermanner in which the ffione:? stioulc! he returned, how should the nioneybe returned'?" Aa we understand your l~etter,3s. Baker iollowed 1``s. Young in death. Sinoe Mrs. Baker was t&e beneficiary named by her daughter, upon the death of the latter suoh accumulated oontrlbutions beomw the property ot Mrs. Baker and desosnded to her helrn. Artlols SS70, Revised Clvll Status, provides la part as toZ.lowrr Where any parson, having title to any es- tate or inheritance, real, personal or mlxed,~ shall die Intestate, It shall descand and pass In parcenary to bls kindred, male and female, in the following oourae: “1. To his children and their desasndants. c . . . .)I from tha above It will be seen that MC. T.B. Toung ie not an hsir of Y&e. Susan Al%00 Bakar, and thOmBfOre would not be entitled to reoeire any part or auoh oontributions. If Mrs. Yaung died without i8aue, as your letter would seem to indicate, then C,P. Baker, D.A. Baker and H. 0. Baker would bs entitled to reodve suoh oontributions, share and aharr alike. It Mrs. Young was survived by a ohlld or ohlldren, thqn t&aid ohild or ohildrsn would reoeive one-fourth of suoh oontrlbutlons and C.P. Baker, D.A. Baker, and H*G. Baker would eaoh reorive one-fourth. Yours very truly ATTGRWXGENERAL OFT!CXAS GRS:db 5-l' s/ Glenn R. Lewis A. :.M:VEDVAY 20.1941 Af36ifitant E/ Grover Sellers AFFROVED: CFINT:?JCCX ITTEE BY B l'>'B Chairman