19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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19-3A-502
Section 19-3A-502 Disbursements from principal. (a) A trustee shall make the following disbursements
from principal: (1) An amount, not to exceed fifty percent (50%), of the disbursements described
in Section 19-3A-501(a) and Section 19-3A-501(b); (2) All of the trustee's compensation calculated
on principal as a fee for acceptance, distribution, or termination, and disbursements made
to prepare property for sale; (3) Payments on the principal of a trust debt; (4) Expenses
of a proceeding that concerns primarily principal, including a proceeding to construe the
trust or to protect the trust or its property; (5) Premiums paid on a policy of insurance
not described in Section 19-3A-501(d), of which the trust is the owner and beneficiary; and
(6) Estate, inheritance, and other transfer taxes, including penalties thereon, apportioned
to the trust which carries the name of the estate. (b) If a principal asset is encumbered
with an obligation that requires income from that asset to be paid...
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37-13-13
Section 37-13-13 Bonds of authority - Security. In the discretion of the authority any bonds
may be issued under and secured by an indenture between the authority and a trustee. Said
trustee may be a private person or corporation, including (but not limited to) any trust company
or bank having trust powers, whether such bank or trust company is located within or without
the state. In any such indenture or resolution providing for the issuance of bonds, the authority
may pledge, for payment of the principal of and the interest on such bonds, any of its revenues
to which its right then exists or may thereafter come into existence and may assign, as security
for such payment, any of its leases, franchises, permits and contracts; and in any such indenture,
the authority may mortgage any of its properties, including any that may be thereafter acquired
by it. Any such pledge of revenues shall be valid and binding from the time it is made, and
the revenues so pledged and thereafter received...
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38-1-5
Section 38-1-5 Civil actions against certain persons owning property and supported at public
charge. If any person who has received any relief, support or maintenance at public charge,
under Chapter 8 of this title or as an inmate of any state, county or municipal institution,
was at the time of receiving such relief, support or maintenance the owner of property, the
authorities charged with the care of the poor of the municipality or the authorities in charge
of the institution chargeable with such relief, support or maintenance may file a civil action
for and collect the value of the same against such person and against his estate. In any such
action or proceeding, the statutes of limitation shall not be placed in defense, but the court
may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant
in any case where a parent, wife or child is dependent on such property for support. The records
kept by the state, county or municipality, for the purpose of...
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38-9B-5
Section 38-9B-5 AFT Corporation, Trust, and Charitable Trust. THIS SECTION WAS AMENDED BY ACT
2018-36 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 31, 2018. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) The board of trustees shall establish and administer the AFT Corporation.
The board of trustees shall execute all documents necessary to establish and administer the
AFT Corporation including, but not limited to, documents to form a not-for-profit corporation
and to qualify as an organization pursuant to Section 501(c)(3) of the United States Internal
Revenue Code. (b) The AFT Corporation shall establish the AFT Trust and the AFT Charitable
Trust, and the board of trustees shall administer the AFT Trust and the AFT Charitable Trust
through the AFT Corporation. The board of trustees and the AFT Corporation shall take all
steps necessary to satisfy all federal and state laws, and all regulations, rules, and policies
established by the federal Social Security Administration to ensure...
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4-3-17
Section 4-3-17 Security for bonds. In the discretion of the authority, any bonds may be issued
under and secured by an indenture between the authority and a trustee. Said trustee may be
a private person or corporation, including but not limited to any trust company or bank having
trust powers, whether such bank or trust company is located within or without the state. In
any such indenture or resolution providing for the issuance of bonds, the authority may pledge,
for payment of the principal of and the interest on such bonds, any of its revenues to which
its right then exists or may thereafter come into existence and may assign as security for
such payment, any of its leases, franchises, permits and contracts; and, in any such indenture
the authority may mortgage any of its properties, including any that may be thereafter acquired
by it. Any such pledge of revenues shall be valid and binding from the time it is made, and
the revenues so pledged and thereafter received by the authority...
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40-5-46
Section 40-5-46 Lien of tax collector. When any tax collector fails to collect any taxes and
the same are charged against him on settlement with the state or county, the collector shall
be subrogated to the lien of the state and shall have a lien upon the real and personal property
of the person, firm, or corporation against whom such taxes were assessed, if same were properly
assessed against such person, firm, or corporation, for repayment to him of such money, which
lien may be enforced in favor of such tax collector in the same manner that the liens for
taxes in favor of the state and county may be enforced, at any time within 12 months after
same are charged against such tax collector. The owner, his heirs, or personal representatives,
or any person having an interest therein or in any part thereof, legal or equitable, in severalty
or as tenant in common, including a judgment creditor, mortgagee, or other creditor having
a lien thereon, or on any part thereof, shall have the same...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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43-2-702
Section 43-2-702 Report of insolvency - Statement to be filed with report. He must file with
such report: (1) A statement of all the goods and chattels, evidences of debt and other personal
property, with the estimated value of each, and the amount of money belonging to such estate;
(2) A full statement of the real property of the deceased, or any interest therein, and estimated
value thereof; (3) A full statement of the claims against the estate which have come to his
knowledge, the character and amount of each claim and the name and residence of each creditor,
if known; and (4) A full statement of the names and ages of all heirs or distributees and
their places of residence. (Code 1852, §1830; Code 1867, §2179; Code 1876, §2551; Code
1886, §2224; Code 1896, §292; Code 1907, §2757; Code 1923, §5996; Code 1940, T. 61, §383.)...

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43-8-140
Section 43-8-140 Testamentary additions to trusts. A devise or bequest, the validity of which
is determinable by the law of this state, may be made by a will to the trustee of a trust
established or to be established by the testator and some other person or by some other person
(including a funded or unfunded life insurance trust, although the trustor has reserved any
or all rights of ownership of the insurance contracts) if the trust is identified in the testator's
will and its terms are set forth in a written instrument (other than a will) executed before
or concurrently with the execution of the testator's will or in the valid last will of a person
who has predeceased the testator (regardless of the existence, size, or character of the corpus
of the trust). The devise is not invalid because the trust is amendable or revocable, or because
the trust was amended after the execution of the will or after the death of the testator.
Unless the testator's will provides otherwise, the...
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