### March 7, 1957

Hon. 

### Edd B. Keys Cpinion No. 

### W- 48 CountyAttorney Tom Green County Re: Does Section 

### 96 of the new Probate San Angelo,Texas Code supersede and repealArticle 

### 6629, RevisedCivil Statutes, which prohibited

recordation

of any instrument

after August 22, 1897, and not in English language and related Dear Mr. Keys: question.

Your letterrequesting our opinion

relative

to the captioned matter is as follows:

"The question

is, does Section 

### 96 of the new Probate Code which permitsthe 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 

### 6629R.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 accompanyingtranslation? If so, by what means would the translation be made and what requirement for its authenticity?" Article 6629,Vernon'sCivil Statutes reads as follows:
"No deed, conveyance or other instrument, whetherrelatingto 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 recordedif accompanied by a correct

translation

thereof,

the accuracyof 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 ProbateCode 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 probatedaccording to the laws of any of the United States, or territories

thereof,or the District of Columbia,

or of any countryout of the limits of the United States, a copy thereofand of its probatewhich bears the attestation, seal and certificate

required

by the preceding

Section,

may be filed and recordedin 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 withoutfurther 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 extenthereinafter provided." Artiole 6629, V.C.S., is a general statute which appliesto the filing and recording of deeds, conveyances or other instruments relating to eitherreal or personal property. Section 96 of the probateCode is a specialstatute

which only appliesto the filing and recording of wills or other testamentary

instruments.
It is a generalrule of statutory construction that the enactment of a speciallaw 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 treatedas an exception to, or qualification

of, a generallav 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 probateCode does not repeal or supersede Article 6629,

V.C.S., which prohibits

the recording

of instruments

which are not in the English Language. Both Section96 of the ProbateCode and Article 6629.V.C.S., will stand,,and

Section96 of the ProbateCode shouldbe treatedas an exception

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

Section 96 of the probateCode does not repeal or supersede

Article 6629,

V.C.S. which prohibitsthe 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 ProbateCode shouldbe treatedas an exception to, or qualificationof, 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: OPINIONC@!MI!PTEE H. Grady Chandler,

Chairman

WVG:gs