6-4-21
Section 6-4-21 Where no other provision for service of nonresident minors or insane persons.
Should there be no other provision by law or rule for service upon nonresident minors or insane
persons and proof is made before the clerk, register, or judge of the court in which the proceeding
is pending, he may direct in writing the mode of service or may appoint in writing a guardian
ad litem for such person without service. (Code 1923, §9449; Code 1940, T. 7, §339.)...

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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any fault or
neglect on his part, such party may correct such error by filing a complaint in the circuit
court within two years after the final settlement thereof. The evidence filed in the probate
court in relation to such settlement must be received as evidence in the circuit court, with
such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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40-10-131
Section 40-10-131 Rents, issues, and profits of redeemed land. Neither the purchaser, nor anyone
claiming under him, who may have lawfully obtained possession of any real estate purchased
at tax sales shall be liable upon the redemption of such real estate to account to the owner
for any rents, issues, or profits during such possession, but as to such rents, issues, and
profits he shall be held and considered the rightful owner of such real estate unless such
owner at the time of the sale was a minor or a person of unsound mind and had no guardian,
or his guardian was not lawfully served with notice of the proceedings had in the court of
probate for the sale of such real estate, in which event such purchaser or other person in
possession shall be liable for rents, issues, and profits, as in other cases; but neither
such purchaser nor anyone claiming under him shall have the right to cut standing timber from
land so purchased at tax sales, nor shall have the right to remove or destroy...
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19-2-2
Section 19-2-2 Removal of fiduciary; appointment of successor; accounting by fiduciary. Any
fiduciary engaged in war service may be removed from his office as such upon petition filed
in the proper court having jurisdiction by any person interested in the trust fund or the
estate being administered or by any co-fiduciary or surety, and if the trust has not been
fully executed or the administration of the estate has not been fully completed, the court,
upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal
if there is no trust instrument providing a practicable method of appointment. If the court
shall find that, because of the military service of the fiduciary, the stating of an account
at that time is not possible, an accounting by such fiduciary in military service shall not
be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement
of such fiduciary or at such time as the said court deems meet, such fiduciary...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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43-2-86
Section 43-2-86 Additional bond of general administrator. An additional bond may also be required
of the general administrator, whenever the judge of probate deems it necessary to secure the
interests of the estate confided to his charge or the sureties may be unwilling to remain
longer bound; and, if he fails to give such bond within the time prescribed by the court,
he must be removed and his letters revoked; and when any person interested in an estate committed
to the general administrator shall give notice in writing to the judge of probate that the
interest of the estate requires that the general administrator should give an additional bond,
such judge must require him to give such bond; and if, in such case, the judge of probate
fails or omits to require such bond and loss thereby results to anyone interested, he and
the sureties on his official bond shall be responsible therefor. (Code 1852, §1711; Code
1867, §2032; Code 1876, §2401; Code 1886, §2055; Code 1896, §102; Code...
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6-6-525
Section 6-6-525 Trustee - Partial and final settlements of account. The trustee must, at least
once in three years, make partial settlement of his accounts and may be required to do so
at any time; and, on the termination of the trust, he or, if he is dead, his personal representative
must make final settlement thereof, such settlement to be governed by the provisions of this
Code regulating settlements of guardian's accounts in the court of probate, so far as such
provisions may be applicable. (Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code
1940, T. 7, §1070.)...
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10A-2A-14.12
Section 10A-2A-14.12 Receivership or custodianship. (a) Unless an election to purchase has
been filed under Section 10A-2A-14.14, a court in a judicial proceeding brought to dissolve
a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians
to manage, the business and affairs of the corporation. The court shall hold a hearing, after
notifying all parties to the proceeding and any interested persons designated by the court,
before appointing a receiver or custodian. The court appointing a receiver or custodian has
jurisdiction over the corporation and all of its property wherever located. (b) The court
may appoint an individual, corporation, foreign corporation, or eligible entity as a receiver
or custodian, which, if a foreign corporation or foreign eligible entity, must be registered
to do business in this state. The court may require the receiver or custodian to post bond,
with or without sureties, in an amount the court directs. (c) The...
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11-17-10
Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment
of damages by jury. On the hearing of such trial, the court shall cause an issue to be made
between the parties interested to ascertain the amount of damages for the property taken or
injured in locating the burial place. Either party may examine witnesses on such trial and
may argue the questions to the court or jury by themselves or counsel, which questions must
then be submitted to the jury for their determination, which amount of damages shall be fixed
by the verdict of the jury. (Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)...

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