Texas Constitution:Article I, Section 21: Difference between revisions

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Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2008/ga0632.pdf#page=3 GA-632] (2008), opined that: "The concept of 'corruption of blood' and 'forfeiture of estate' emanate from the English common-law doctrine of 'attainder.'"
The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2008/ga0632.pdf#page=7 GA-632] (2008), opined that this section: "provides that 'no conviction shall work corruption of blood or forfeiture of estate,' which means that a person may not be denied the right to inherit on the basis of a criminal conviction. Texas courts have found limits to that provision in the Slayer's Rule and the constructive trust doctrine, which prevent a convicted murderer from receiving life insurance proceeds or inheriting property from the murder victim."
 
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* ''Davis v. Laning'', 19 S.W. 846, [https://texaslegalguide.com/images/019_SW_846.pdf#page=1 846] (Tex. 1892) ("Attainders, outlawry, deprivation of property except by due process of law, and the corruption of blood or forfeiture of estate, as a result of conviction of crime, are expressly prohibited by the organic law. Const. art. 1, §§ 16, 19-21. Section 21 declares that . . . . This provision is invoked by the plaintiffs in error, but it aids their case no further than a declaration that a convict may either inherit himself or transmit inheritance. It does not attempt to determine at what time the descent of his estate shall be cast, but excludes this idea by the express regulation concerning the estates of suicides.")
* ''Davis v. Laning'', 19 S.W. 846, [https://texaslegalguide.com/images/019_SW_846.pdf#page=1 846] (Tex. 1892) ("Attainders, outlawry, deprivation of property except by due process of law, and the corruption of blood or forfeiture of estate, as a result of conviction of crime, are expressly prohibited by the organic law. Const. art. 1, §§ 16, 19-21. Section 21 declares that . . . . This provision is invoked by the plaintiffs in error, but it aids their case no further than a declaration that a convict may either inherit himself or transmit inheritance. It does not attempt to determine at what time the descent of his estate shall be cast, but excludes this idea by the express regulation concerning the estates of suicides.")


|seo_title=
|seo_title=Article I, Section 21 of the Texas Constitution ("Corruption of Blood; Forfeiture of Estate; Suicides")
|seo_keywords=
|seo_keywords=Article 1 Section 21, estate forfeiture, commit suicide
|seo_description=
|seo_description=The estates of those who commit suicide descend and vest in the same manner as those who die a natural death.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights