Texas Attorney General Opinion: MS-203 Page: 5 of 5
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Hon. Allan Shivers, Page 5 (Opinion No. MS-Z03)
Chapter VII, entitled "Executors, Administrators and Guardian-
ship,' includes a provision which allows a personal surety on the bond of
an executor, administrator or guardian to create a lien on his real property
to secure the bond. Another new provision empowers an executor, admin-
istrator or guardian to deposit money or securities of an estate under an
agreement whereby the consent of the surety must be obtained before they
can be withdrawn.
Chapter VIII pertains to proceedings during administration
and guardianship. This chapter contains a new provision which allows one
inventory and appraisement to serve both for the purposes of administra-
tion and for inheritance tax purposes, Other innovations relate to the
handling of contingent claims and additional powers for personal represen-
tatives with regard to sales of easements or right-of-ways. Uniform pro-
cedure is established for guardians, executors and administrators with
regard to inventories, appraisements, lists of claims, sales, hiring and
renting, mineral leases, pooling and unitization agreements, and treatment
and payment of claims. Certain additional powers and duties are conferred
upon personal representatives. Chapters VI, VII and VIII retain many pro-
visions of the present law. We find nothing unconstitutional or that will
create an unworkable condition in these Chapters.
Chapter IX entitled "Specific Provisions Relating to Persons
of Unsound Mind and Habitual Drunkards, and Chapter X, entitled "Pay-
ments of Estates into State Treasury," re-enact the existing law without
change and present no problems.
In final support of our conclusions with regard to the constitu-
tionality of Senate Bill 97 we cite the long established and indeed elementary
rule of l&w that if there is any doubt as to the validity of a law, that doubt
should be resolved in favor of its constitutionality, Brown v. City of
Galveston, 97 Tex. 1, 75 S.W, 488 (1903),
Yours very truly,
APPROVED: JOHN BEN SHEPHERD
Attorney General
Marietta McGregor Payne ",
Taxation Division By / t
Enos T. Jones Marietta McGrego Payne
Reviewer Assistant
I. A. Amis, Jr.
Reviewer
Robert S. Trotti
First Assistant
MMP/rn
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-203, text, April 22, 1955; (https://texashistory.unt.edu/ark:/67531/metapth276712/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.