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I .OFFICE OF THEATTORNEYGENERALOFTEXAS **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 tiusbundof 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~tLtoohildrsn OPT 2902~ Ikmry.~ !:I

“Then, awill 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 Kanrynhcmbowas madethe 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. Tnthis case the zenber designated, ,*Johnand 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 noprovisions 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 nhowas,living at the tim of the death of the n&bnbor, 110 is, therefore, entitled to one half oftthe funds in the amount of the nczbnbar,Joe E1l.ahenry Xelly, BCC4434d. 

# I A6 to the remixing on0 halP tharo is no hamd

,bamfioiarg slnca tha designation to tho moth,orhas failed.

,.Artfcle 2922%$subsection (6) oonoarnSng t.he disposition or tecchors’ retlrotiont funds, provides in pert as followa:

‘t
. d .~Should Gmemberdie 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

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Fhlle XGhove ke3.dthat a Canoral will ‘suoh as the one here involved, vi511not oserete to chanpo tbc bewficiary wasdeolenstsd on the form furnished by the Toaoher !lotir&ont Sjetem, ::e have also held that such aw:ll is a sufficient designation v:here the memberhus failed to nar%a beneficiary on the form yrovided bytho System. (See this department’s opinions $?~a. O-2043 and O-2907). ‘i’hhemva 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

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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. !?awill 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 .3ooElla Henry holly, deceased. Our :lnvestication rovec’ls that this vfl.11was edzittod to probate over the aontest of Uoc63sed~s.husband. ,:Tho oourt.

enterixi its order admitting, the will to probate to pihich the hucL6ndduly excepted a’ndtiled notice of appeal. Ko eppeal was pwfoctod and the tin8 has lon,g siaoo expired,

Undsr those fnats w8 .m,uatasmme 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. : Xoare herewith Vexy truly yak

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I?I!BD: 28 Encl. : 

### Ben5amFn ?~oodall Assistsnt