Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS K:. ~’ 1; AUSTIN
We have oarefuJly
~i.j,n’a letter arltten
Of ~svllls, T4xa8,
~waa’ forwarded
.sohroeder.
itten.by Ur. Turner s an~:admia%atration 8 wa8 neoeas.ary .ln order sister his estate.
8 owned 80x114 soaal e land was fbally 80
ax suit ma brought and le wa8 made under an or&w of ‘SPA judgpeot and that tha sum oi #B&lb was he Administrator after all debts iaoluding have the papers in the tar suit of ooyr54, ither do w4 have the probate proceedings other judgment randered in the probete oourt On April 9, 2939, estate was finally olbeml. This order oonfornm to t&e of the e&eta etatutaa.
., -.
,p--
Honorable CharLeg Loakhart, pa&e 2
‘u:e do not think the land esoheetcd to the :itste; under Artialea 3272 and 3273, it 1s yrovlCWl that ii” there Is any lend that has not been olaLm4A the county attorney mey bring a suit to esaheut the 1enA to the State. Sinae the oounty attorney did not bring a suit to esahest the land and since the administration was oontlnued In forae and the Adnlnistretor ioontinueA to oontrol the.property as Administrator for the Bs- I tate, ha should have rendered the property for taxes. If he
Aid not render it, it was the duty of the tax ass44aor to ren- ; Aer.the property egainst the Estete of Henry SohroeAer for tex- /es and It we8 ths oounty attorn4y*s r4sponslbUlty to bring , 1 suit to foreclose this t5x lien and a sale iortcxes pnssed a
good title unless same was reAeem4d within the period-allowe& under the low. Artialos 3844 to 3660, inalusive, proviCe th:it when _ .~
'the person 4ntltleU to en estatb does not alaim 88~ the addin- : istirator shall psy the money to the State Treasurer, who shall ! hold same In the Estate Fund. It se4ms thet the $202.16 which j.‘you have reoeived from the Administrator of tha sohroeder Es- \:tate has been tendered to you under these articlas. :. !~ Under the raots as stated In Mr. Turner's letter, we
I:; ,think the money should be held in the Zetate Fund and not in .'the Eaaheat Fund.
W4 are sending a aogy of this letterto Mr. John bB. 'Turnor, County Attorney, Beeville, Texas.
We return you herewlth the aopy of the jud&?uent of the ,~probete oourt Ln the Sofiroeder 'Estete.
Yours very truly ATTORMY CEK.QGL OF T!WAS Geo. W. Barcus Assistant