March 7, 1957 

Hon. Edd B. Keys Cpinion No. W- 48 

County Attorney 

Tom Green County Re: Does Section 96 of the new Probate 

San Angelo, Texas Code supersede and repeal Article 

6629, Revised Civil Statutes, which 

prohibited recordation of any instrument after August 22, 1897, and 

not in English language and related 

Dear Mr. Keys: question. 

Your letter requesting our opinion relative to the captioned 

matter is as follows: 

"The question is, does Section 96 of the new Probate 

Code which permits the reoordance of the copy of a foreign 

will and its probate in the deed records of any county where 

real estate, of which disposition is made by the will, is 

located, but that no provision was made for the translation 

for the same? Does the said Section 96 supersede and repeal 

Article 6629 R.C.S. which prohibited recordation of any instrument executed after August 22, 1897, and not in English 

language7 

lurther the question is, if Section 96 does supersede 

Article 6629, is i necessary to have an accompanying translation? If so, by what means would the translation be made 

and what requirement for its authenticity?" 

Article 6629, Vernon's Civil Statutes reads as follows: 

"No deed, conveyance or other instrument, whether relating to real or personal property, if in any other than the 

English language, shall be admitted to record; provided, that 

all such instruments executed prior to the twenty-second day 

of August, 1897, may be filed and recorded if accompanied by 

a correct translation thereof, the accuracy of which is sworn 

to before some officer authoriaed to administer oaths. Such 

translations shall be recorded with the original, and if correct shall operate as constructive notice from and after the 

date of its filing, if the original be authenticated in the 

manner required by l.a~.~ 
Hon. Edd. B, Keys, page 2 (WW- 48) 

Section 96 of the Texas Probate Code which became effective on 

January 1, 1956, provides: 

"When any will or testamentary instrument oonveying or 

in any manner disposing of land in this State has been duly 

probated according to the laws of any of the United States, 

or territories thereof, or the District of Columbia, or of 

any country out of the limits of the United States, a copy 

thereof and of its probate which bears the attestation, seal 

and certificate required by the preceding Section, may be 

filed and recorded in the deed records in any county of this 

State in which said real estate is situated, in the same manner as deeds and conveyances are requFred to be recorded under 

the laws of this State, and without further proof or authentication; provided that the validity of such a will or testamentary instrument filed under this Section may be contested 

in the manner and to the extent hereinafter provided." 

Artiole 6629, V.C.S., is a general statute which applies to the 

filing and recording of deeds, conveyances or other instruments relating 

to either real or personal property. Section 96 of the probate Code is a 

special statute which only applies to the filing and recording of wills or 

other testamentary instruments. 

It is a general rule of statutory construction that the enactment of a special law will not repeal or supersede a prior act of general 

character and application. But an act containing specific provisions prevails over a prior act which deals with the subject generally. Accordingly, both acts will stand and a specific act is treated as an exception to, 

or qualification of, a general lav previously enacted. 

12 S.W.2d L$? (Cool. App.) 

Bunt v. Atkinson, 

You are therefore advised that it is our opinion that Section 

96 of the probate Code does not repeal or supersede Article 6629, V.C.S., 

which prohibits the recording of instruments which are not in the English 

Language. Both Section 96 of the Probate Code and Article 6629. V.C.S., 

will stand,,and Section 96 of the Probate Code should be treated as an 

exception to, or qualification of, Article 6629, V.C.S. 

Section 96 of the probate Code does not repeal 

or supersede Article 6629, V.C.S. which prohibits the recording of instruments which sre 

not in the English language. Both Section 96 

of the Probate Code and Article 6629, V.C.S., 
Hon. Edd. B. Keys, page 3 (W- 48) 

will stand, and Section 96 of the Probate Code 

should be treated as an exception to, or qualification of, Article 6629, V.C.S. 

J&&~Q& I2 S.W.2d I.42 (Cm. App.) 

Bunt e. 

Yours very truly, 

WILL WIISON 

Attorney General of Texas 

Assistant 

APPROVED: 

OPINION C@!MI!PTEE 

H. Grady Chandler, Chairman 

WVG:gs