No. V-0052 (1947).

• Court: Texas

Texas Attorney General Opinions 1947. No. V-0052 (1947). 1Feb. 26, 1947Hon. Jesse JamesState TreasurerAustin, TexasOpinion No. V-52Re: What steps should be taken by the beneficiaries under the will of Ada Shaw Wright in attempting to collect money which has now been paid into the General Revenue Fund?Dear Sir:Your letter of Feb. 10, 1947, reads as follows:

"I enclose herein the following documents:

"1. Affidavit of Orville Griffin Shaw

2. Affidavit of Leila M. Shaw Galbraith

3. Certified copy of the will of Ada S. Wright, Deceased

"For your information, $458.25 was received by this department on May 13, 1939, and our records show the amount was credited at that time to General Revenue and a record of the deposit kept in our Escheated Estates File.

"According to the will, this money was left to two heirs - one of which was the Mother, now deceased, of the two claimants, Certified copy of their Mother's will has not been furnished me.

"Please advise me what action I should write these people to take in order to collect their share of the above amount."

With your letter you enclose a certified copy of the will of Ida Shaw Wright, from the probate minute of Grayson County, Texas. You have also furnished to us a copy of the order of the Probate Court of Grayson County entered on the 7th day of March, 1939, approving the final account of J. R, Handy, Executor of the estate of Ada S. Wright, and closing the estate. This order conforms to the provisions of Art. 3644, V.A.C.S., which reads in part as follows 2:

"Upon the settlement of the final account of any executor or administrator, if the heirs, devisees or legatees of the estate, or assignees, or any of them, do not appear or are not represented in the court, and there are any funds of such estate remaining in the hands of the executor or administrator, the county judge shall enter an order upon the minutes requiring such executor or administrator to pay such funds to the State Treasurer."

It is observed that this money, $458.25, was received by the Treasury Department on May 13, 1939, and as reflected by your records was deposited to the credit of the General Fund. This money was erroneously placed in the General Fund, for it is clear that the purpose of the enactment of Articles 3644--3660, V.R.C.S., under which the money was received by the State Treasurer, is...