43-2-22
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
(a) No person must be deemed a fit person to serve as executor who is under the age of 19
years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence
or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any
nonresident of the state be appointed as administrator unless he is at the time executor or
administrator of the same estate in some other state or territory or jurisdiction, duly qualified
under the laws of that jurisdiction. (b) If the person named in the will as sole executor
is or if all the persons named therein as executors are, from any of the causes enumerated
in subsection (a), unfit to serve as executor or executors, letters of administration, with
the will annexed, may be granted on the testator's estate, under the provisions of section
43-2-27. (Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876,...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such
account, any person may attend on the part of such executor or administrator and show that
he is entitled to additional credits; and any person interested may attend and contest any
item of such account or in any previous account, or may show assets not accounted for, or
that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements
voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921;
Code 1940, T. 61, §318.)...
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43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against
sureties. Execution and all other final process may issue against the said sureties on said
bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940,
T. 61, §334.)...
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6-6-461
Section 6-6-461 Effect of judgment for plaintiff as between garnishee and defendant. The judgment
condemning the debt, demand, money, or effects to the satisfaction of the plaintiff's demand
is conclusive as between the garnishee and the defendant to the extent of such judgment, unless
the defendant prosecutes to effect an appeal from such judgment, which he may do in his own
name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he
is not permitted to discharge such judgment pending the appeal. (Code 1852, §2563; Code 1867,
§2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923,
§8065; Code 1940, T. 7, §1009.)...
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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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36-19-13
Section 36-19-13 Appeal from decision of circuit court to Court of Civil Appeals. Any owner
or occupant who feels himself aggrieved by any such order or affirmed order may, within 10
days after the making or affirming of any such order by the circuit court, file his appeal
with the Court of Civil Appeals, to review such order or judgment. Such parties as shall file
an appeal in the Court of Civil Appeals to review such order shall file with said court a
bond in an amount to be fixed by said court, with at least two sufficient sureties, to be
approved by the court, conditioned to pay all the costs on such appeal in case such appellant
fails to sustain the said appeal or same is dismissed for any cause. (Acts 1919, No. 701,
p. 1013, §8; Code 1923, §969; Code 1940, T. 55, §41.)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing
such account, any person may attend on the part of such executor or administrator or, if dead,
of his personal representative or, in case of his removal from the state, his sureties and
show that he is entitled to additional credits; and any person interested may attend and contest
any item of such account or in any previous account, or may show assets not accounted for,
or that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of or failure to discharge his trust, such assets, or any portion thereof,
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
or, if dead, his personal representative or, in case of his removal from the state, his sureties
must be charged therewith. On such settlements, decrees must be rendered as upon like settlements
voluntarily made. (Code 1852,...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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43-2-200
Section 43-2-200 Liability of sureties to execution. Upon the return of an execution as provided
in section 43-2-199 and, further, that no property of such executor or administrator, or property
not sufficient to satisfy the same, is found in the county in which the execution is issued,
the sureties on his bond shall be liable in all respects as in cases of a return of no property
found on executions issued against resident executors or administrators. (Code 1876, §2383;
Code 1886, §2042; Code 1896, §88; Code 1907, §2564; Code 1923, §5787; Code 1940, T. 61,
§149.)...
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