., ,,., 

I .OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

GROVER SELLERS 

ATTORNEYOENERAL 

I: 

. . 

!zr.% 6. 8. ‘Sayp . 

Dfrector oncl ~x~outivo %crotary 

Teach3r netiremnt 3yatwi of Texas 

war mrs, sapp: 

“Joe Xl18 I?onry 

Retiremnt qmtom in 

and nothsr, John and 

of the %eaoher 

ated her father 

bar benefiolar$oa. 

EeL3ont %mx+t 2.12 San. 

manner: ::o vmw to psy ths tiusbund of Lcora, 3ohn, : 

one-thfra bf the ac~ouot stona4ng to the qrotlit of 

Joe Ella ljenry Kelly, deoe6s@d, and divide tha r~- 

naincler equal!y azmon~ tLto ohildrsn OPT 2902~ Ikmry.~ ! : 
I 

“Then, a will vi4S alsoovered. A ‘cortlfl.ed 

., 

bogy ‘of the will is attached. 

%a do not consfdcr this will complete since 

it said 811 interest in evcrythinp, except artloloo 

listed on the other shoct. X2. Thrasher, tho attorney, 

stated that al.1 of tha will oould not Lo filed because 

. of the languafa used. i&1$' 8 POl'tiOll Of tk aill iS 

pTOb8tt3d. This nil.1 vws probated August 27., 1844 and 

Dora Alioa Kanry nhcmbo was made the administrator. 

. 

9!he amcuut atandlnp to the oredit of foe ~116 

Denry :l013.y, deooasod is $25G.G9. 

II 

“zhat d2sposI.tfon shall I mke of this case?" 

You hsve prsvicualy been adv&od by this Uepartxent 

in.opinS.on Eo. O-2048 thst in oases where the accwxmlatod contributions 42x1 des@ated in tho Teacher ???etlreimnt Syston to 

be paid to 8 third party the sam should be so paid regardless 

of the fsct thst in 4 subsequent ~111 the deceasad loft all of’ 

her property, both real, personal -end nfxood, to somono else. 

I 

You iwo acoordln@y advisad..that ths amount in the 

account of the deceased tcaoher ambbor should be.psid to her 

desi~atod beneficiaries on Pilo v:ith the Taaohsr T!etfrsmnt 

Bystml. Tn this case the zenber designated, ,*John and looxa 

Henry, father and aother’?, aa her benifiaiarias to rooeivo 

this fund in tho avant of her doath before rutlrenmnt. Under 

this type ol desienati~on Y.% iwst assw~c that the mnber lntsnd.ea to leave one half to caoh of hor pareuts. There boinc 

no provisions for the d.isposition of a psrenti’s share in case 

of the death of one of thez, tho designation us to themthor 

fails, since ahe pradooeased the tnarnber. The designation 

atonds as tc tha father nho was, living at the tim of the 

death of the n&bnbor, 110 is, therefore, entitled to one half 

oft the funds in the amount of the nczbnbar, Joe E1l.a henry 

Xelly, BCC4434d. 

I A6 to the remixing on0 halP tharo is no hamd 

, bamfioiarg slnca tha designation to tho moth,or has failed. 

, 
.Artfcle 2922%$ subsection (6) oonoarnSng t.he 

disposition or tecchors’ retlrotiont funds, provides in 

pert as followa: 

‘t . d .~ Should G member die before ratiremant, the. amount of his occuxulataa oontributions 

stendine to tha orcdlt of ble ifldiviaua3. uooount 

eholl. be paid as provided by the laws of descent 

end distribution of Tex3s unless he has directed 

. . the account to be paid otherwise . . . .* ’ 

Fhlle XG hove ke3.d that a Canoral will ‘suoh as the 

one here involved, vi511 not oserete to chanpo tbc bewficiary 

was deolenstsd on the form furnished by the Toaoher !lotir&ont 

Sjetem, ::e have also held that such a w:ll is a sufficient 

designation v:here the member hus failed to nar% a beneficiary 

on the form yrovided bytho System. (See this department’s 

opinions $?~a. O-2043 and O-2907). ‘i’hhe mva vjuuld be true 

where, as hero, the doceaood~membor has designetod t;wo~~~b~&ne-~~ -, 

,fioiarioa on the form $rovided by the Qstom sad the dkeig+ “, 

nation as to one of them has faklod by raason of the. de~ath 

.of one of the beneficiaries prior to the death of the me&- 

her . 

,_, 

You em theror'oro advised that the'xomainlng one 

half should be paid to Dora Alica Eenrg Rhazbo, Adfzlnistratrlx 

and sole benefioiarg of the will of Joe EZlu Eenry .flelly, deceased. 

!?a will no% here attempt a disoussion OX' the guestioa of the cox~lotnass of the will rolsed by the seventh, 

paragraph ,of your letter. .:e have carefully~ exa.mlned the 

certified ooppies of the will. and Lottore of Administration 

txlbmltted with your request. In addition to this ke have 

also orumined 811 of the parers on file In the office of 

the County Clerk of Travis County in cause Do. 11,190, 

~styled, Estst.c of .3oo Ella Henry holly, deceased. Our 

: lnvestication rovec’ls that this vfl.11 was edzittod to probate over the aontest of Uoc63sed~s.husband. ,:Tho oourt 
. 

enterixi its order admitting, the will to probate to pihich 

the hucL6nd duly excepted a’nd tiled notice of appeal. Ko 

eppeal was pwfoctod and the tin8 has lon,g siaoo expired, 

Undsr those fnats w8 .m,uat asmme that the co.%- 

pletness of the ~111 was lit&ted in the above nuxberod 

sod entitled oause and that for our purpose the will is 

valid. 

: 

Xo are herewith 

Vexy truly yak 

. 

I?I!BD: 28 

Encl. 

: 

Ben5amFn ?~oodall 

Assistsnt