TEEA~TORNEYGENE 

OFTEXAS 

February 18, 1958 

Hon. Robert S. Calvert Opinion No. WW-375 

Comptroller of Public Accounts 

Capitol Station Re: Correct distribution of 

Austin, Texas the bonds held by J. E. 

Boyd at the time of his 

death on January 7, 1957, 

a portion of such bonds 

being payable to the son 

and daughter of J. E. Boyd, 

Dear Mr. Calvert: and related questions. 

You have requested the opinion of this office on the 

above captioned matter. You advised us as follows: 

"J. E. Boyd died testate on January 7, 1957, 

a resident of Hill County, Texas, seized and possessed of a community estate valued at $143,737.08. 

The undivided one-half (l/2) community interest of 

the deceased Is $71,868.54 which has been reported 

to this department for inheritance tax purposes. 

Under the terms of the last will and testament of 

the deceased, a life estate was devised to the surviving wife with remainder divided equally between 

his son and daughter. 

"Among the assets of this estate were a 

number of United States Savings Bonds valued in 

the amount of $69,750.00, all purchased with community funds payable as follows: $10,700.00 to 

Husband or Wife, $50.00 to the Testator, $100.00 

to the Father or Son, and $59,000.00 to the Father 

or Daughter. 

"You have already advised this department 

the correct distribution for inheritance tax purposes as to the bonds payable to husband and wife 

in Opinion No. WW-273. In view of the terms of 

the last will and testament of the deceased, we 

kindly ask that you advise this department as to 

the correct distribution of the bonds made payable 

to the son and daughter for inheritance tax purposes. 
Hon. Robert S. Calvert, page 2 (WW-375) 

"Further, in the event you hold the bonds payable to the son and daughter of the deceased should 

be distributed to them, (which will have the effect 

of passing the full value of the bonds out of the 

community estate) please advise whether one-half 

(l/2) of the value of the bonds or the full value 

should be distributed to the son and daughter." 

With your request you submit a copy of the last will 

of J. E. Boyd and we are here concerned with provisions 3 and 

4 of said will which are as follows: 

“3. I desire and direct that all necessary 

expenses for the personal needs and comfort of my 

son, John Edwin Boyd, be paid out of my estate by 

my executrixes hereinafter named, during his life, 

or so long as his present disabilities continue." 

“4 . After the payment of all my just debts 

and after complying with the provisions made in 

section (3) above, I give, devise and bequeath 

to my beloved wife, Rosa Boyd, all property and 

estate I may be seized and possessed of at the 

time of my death, for her use and benefit so 

long as she may live, and at her death all of 

my property shall vest in my daughter, Mary Jane 

Boyd, In fee simple, unless at the time of the 

death of my wife my son, John Edwin Boyd, is 

still living and has fully and completely recovered from his present disabilities, then In 

such event my estate shall vest in my two children, 

Mary Jane Boyd and John Edwin Boyd in fee simple, 

share and share alike." 

You have advised us that John Edwin Boyd, the son, 

has fully recovered, hence provision 3 of the will quoted 

above became inoperative and needs no further consideration. 

With your opinion request you submit the affidavit 

filed by Rosa Boyd, the surviving wife of J. E. Boyd, deceased 

and his daughter* Mary Jane Boyd, who are co-executrices of 

the estate of J. E. Boyd, Deceased. This affidavit was filed 

by them for inheritance tax appraisement in the Estate of J. E. 

Boyd, Deceased. All of the United Savings Bonds, the subject 

of your opinion request, are listed In the affidavit by serial 

number, the date of issue, the maturity value, and the value 

at the time of the death of J. E. Boyd. This affidavit contains the following language: 
Hon. Robert S. Calvert, page 3 (W-375) 

"All of the above bonds are community property 

and the decedent's Interest Is one-half of the 

values shown above." 

The bonds being community property, J. E. Boyd's onehalf community interest therein passed to his son and daughter, 

share and share alike, under the terms of his will, subject to 

the life estate passing to Rosa Boyd, the surviving wife of 

J. E. Boyd, under the terms of the will of J. E. Boyd, and you 

should assess the Inheritance tax accordingly. 

SUMMARY 

The United States Savings Bonds, the subject 

of your opinion request are community property 

of J. E. Boyd, deceased, and his surviving 

wife, Rosa Boyd, and J. E. Boyd's one-half 

interest therein passed under the terms of 

his will to his son and daughter, share and 

share alike, subject to the life estate of 

his surviving wife, Rosa Boyd. 

LPL:fb 

APPROVED:~ 

OPINION COMMITTEE 

George P. Blackburn, Chairman 

Morgan Nesbitt 

John H. Mlnton, Jr. 

Wayland C. Rivers, Jr. 

Yours very truly 

WILL WILSON 

Attorney General of Texas 

REVIEWEDFOR THE ATIORNEYGENERAL 

BY 

W. V. GEPPERT