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THEATTORNEY GENERAL OFTEXAS January 6, 1970 Honorable John W. Warner Opinion No. M-547 County Attorney Gray County Re: The meaning of the phrase P. 0. Box 635 "the substance only of Pampa, Texas 79065 depositions shall be recorded" as employed in Section 15 of the Texas Dear Mr. Warner: Probate Code. Section 15 of the Texas Probate Code reads'in part as follows: "The County Clerk shall keep a record book styled 'Probate Minutes' and shall enter therein in full all orders, judgments, decrees, and the proceedings of the court, together with the following...(4 All wills and the testimony upon which the same are admitted to probate, provided that the substance only of depositions shall be recorded." You have requested our opinion to the meaning of “substance only of depositions...". Black's Law Dictionary, 4th Edition, defines substance as the material or essential part of a thing, as distinguished from "form"; an intelligible abstract or synopsis of its material or substantial elements. Bouvier's Law Dictionary, 3rd Revision, defines substance as that which is essential. Under a constitutional requirement that the substance of a proposed act be published, "substance" is the essential and material parts and essence of the proposed law, or an abstract or compendium thereof, as would give people affected fair information of what the law is. State v. Allen, 123 So. 36,37, (Ala.Sup.Ct. 1929). "Substance of proposed law" means an intelligent abstract or synopsis of its material and substantial elements: the substance of the act may be sufficiently stated without stating -2612- Hon. John W. Warner, Page 2 (M-547) the details which are subsidiary to the stated elements. Ex Parte Bowdoin,
141 So. 911(Ala.Ct.App. 1932). In Rose v. Osborne,
1 A.2d 225(Maine Sup.Jud.Ct. 19381, the Court held that "substance" is that which is essential. While the ordinary meaning of the word "substance," when used in respect to a contract, is its important parts, the word is susceptible of different significations according to the circumstances. Lincoln National Bank v. John Peirce Co.,
164 N.Y.S. 421(N.Y.Sup. ct. 1917). The material or essential parts of the deposition (including exhibits) must be recorded. Ordinarily, a narrative synopsis or abstract of the relevant facts should be recorded. However, under some circumstances it might be necessary to quote from the deposition or to record an exhibit if that is necessary to show the material facts. SUMMARY ------- "Substance only of depositions," as used in Section 15(c) of the Texas Probate Code, means a synopsis or an abstract of the material or essential facts, unless under the circumstances it is necessary to quote portions of the depositions or exhibits to show such facts. eneral of Texas Prepared by Jack Sparks Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman Alfred Walker, Co-Chairman Marvin Sentell Tom Bullington Bennie Bock Harold Kennedy MEADE F. GRIFFIN Staff Legal Assistant NOLA WHITE First Assistant -2613-
Document Info
Docket Number: M-547
Judges: Crawford Martin
Filed Date: 7/2/1970
Precedential Status: Precedential
Modified Date: 2/18/2017