43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action pending against any person at the time of his death, which by law survives against his personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a presentation of the claim on which the action is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code 1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940, T. 61, §215.)...
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43-6-8
Section 43-6-8 Action by state to recover personal property distributed without authority. The state may enforce its right to any personal property to which it is entitled under the provisions of this chapter by action against any person into whose possession the same may come; and, if any personal representative pays any money or delivers any property to which the state is, under the provisions of this chapter, entitled, to any person not authorized to receive the same, such personal representative and his sureties are liable to the state for the amount of such money or value of such property and interest thereon from the time of such payment or delivery. (Code 1852, §2072; Code 1867, §2464; Code 1876, §2858; Code 1886, §1943; Code 1896, §1759; Code 1907, §3925; Code 1923, §7621; Code 1940, T. 16, §32.)...
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6-2-9
Section 6-2-9 Suspension of limitation - Claims against estates. Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in whole or in part. (Code 1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940, T. 7, §30.)...
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43-2-559
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts of deceased or outgoing executors or administrators provided for in this division do not prevent any action by the remaining or succeeding executor or administrator, or by any other person entitled thereto, against such executor or administrator or his personal representative for any property remaining in his hands or for any other cause of action. (Code 1852, §1882; Code 1867, §2238; Code 1876, §2596; Code 1886, §2182; Code 1896, §250; Code 1907, §2701; Code 1923, §5934; Code 1940, T. 61, §329.)...
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43-2-852
Section 43-2-852 Terms and requirements of bonds. (a) The following requirements and provisions apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally liable with the personal representative and with each other. (2) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the personal representative and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner. (3) On petition of a successor personal representative or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the personal representative. (4) The bond of the personal...
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6-5-186
Section 6-5-186 Prerequisites to recovery of vindictive or punitive damages in action for libel. Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter. (Code 1907, §3750; Code 1923, §7361; Code 1940, T. 7, §914.)...
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10A-20-2.02
Section 10A-20-2.02 Powers of corporation. Corporations not of a business character created under this article or created by special act of the Legislature heretofore may acquire, hold, administer, distribute, or dispose of real and personal property, may take, receive, and acquire property by gift, devise, or bequest and hold, own, administer, use, distribute, and dispose of the property for the advancement, promotion, extension, or maintenance of the causes and objects as may be prescribed by the constitution and bylaws of the corporation in conformity with all lawful conditions imposed by the donor and may exercise other powers as are incident to private corporations. All such powers may be exercised by the corporation in its own right or as trustee or as personal representative. (Code 1852, §1262; Code 1862, §1526; Code 1876, §1996; Code 1886, §1696; Code 1896, §1304; Code 1907, §3615; Acts 1911, No. 74, p. 49; Code 1923, §7169; Code 1940, T. 10, §126; Acts 1955, No. 393,...
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11-47-192
Section 11-47-192 Filing of statement as to manner of injury, damages claimed, etc. No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred and the damages claimed. (Code 1907, §1275; Code 1923, §2031; Code 1940, T. 37, §504.)...
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35-11-229
Section 35-11-229 Actions by personal representatives. If any person entitled to a lien under this division shall die before the time has elapsed for filing his statement in the office of the judge of probate without filing it, his personal representative may file the same within three months after the grant of letter; and if such person shall die before commencing an action for the enforcement of his lien, and the lien is not lost at the time of his death, his personal representative may bring an action for the enforcement thereof at any time within six months after the grant of letters. (Code 1886, §3042; Code 1896, §2747; Code 1907, §4778; Code 1923, §8856; Code 1940, T. 33, §59.)...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered. After judgment or decree has been rendered in any court against an executor or administrator for any debt, damages or costs, if the estate is subsequently declared insolvent, such personal representative may file a certified copy of the decree or order of the probate court declaring such estate insolvent with the clerk or register of the court in which such judgment or decree was rendered against the personal representative; whereupon, it shall be the duty of such clerk or register to certify back to the probate court a copy of such judgment or decree for payment in the probate court as other claims against insolvent estates, after which no execution shall issue or be further enforced against such executor or administrator or sureties personally by the court rendering such judgment or decree. (Code 1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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