26-5-4
Section 26-5-4 Partial settlement - Examination of vouchers and auditing and stating of account;
taxing of costs for contest or examination where vouchers or items rejected. On the day appointed
or on any other day to which the settlement may be continued, the court must proceed to examine
the vouchers and to audit and state the account, requiring evidence in support of all such
vouchers or items of the account as may be contested or as may not on examination appear to
the court to be just and proper, such evidence to be taken by affidavit or by any other legal
mode. If any voucher or item be rejected, all costs accruing on the contest or examination
thereof must be taxed against the conservator personally. (Code 1886, §2456; Code 1896, §2341;
Code 1907, §4431; Code 1923, §8204; Code 1940, T. 21, §131; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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43-2-411
Section 43-2-411 Notice of application. Notice of such application must be given to some person
adversely interested in such manner, and for such length of time, not less than three weeks,
as the judge of probate may require; but when the property is perishable, and it is so specified
in the application, no notice is required if the judge is satisfied of the truth of the allegations
contained in the application. (Code 1867, §2068; Code 1876, §2434; Code 1886, §2093; Code
1896, §143; Code 1907, §2607; Code 1923, §5833; Code 1940, T. 61, §229.)...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application
must be taken as in actions before the circuit court, and before granting the decree of sale
the probate court must be satisfied from the evidence that an equitable division or partition
cannot be made; and when the application is by the guardian of an infant or person of unsound
mind, the court must be satisfied from the evidence that it would be to the interest of such
infant, or person of unsound mind, to sell the property for the purpose of division or partition.
(Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225;
Code 1923, §9325; Code 1940, T. 47, §213.)...
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43-8-200
Section 43-8-200 Contest in circuit court after admission to probate - Parties; conclusiveness
of judgment. In the event a contest of the probate of a will is instituted in the circuit
court, as is or may be authorized by law, all parties interested in the probate of the will,
as devisees, legatees or otherwise, as well as those interested in the testator if he had
died intestate, as heirs, distributees or next of kin, shall be made parties to the contest;
and if there be minors or persons of unsound mind interested in the estate or in the probate
of the will, they shall be represented by their legal guardian, if such they have; if they
have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to
represent their interest in the contest, and the final judgment in such contest proceedings
shall be conclusive as to all matters which were litigated or could have been litigated in
such contest; and no further proceedings shall ever be entertained in any courts...
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6-7-100
Section 6-7-100 Substitution pending an action - Guardian for next friend. If the action is
not for a personal injury to the ward, whether the ward is a minor or a person of unsound
mind, on the appointment of a guardian pending an action, such guardian may, on application,
be substituted for the next friend, and the action must proceed in the name of the guardian
for the use of the ward. (Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896,
§19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)...
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13A-11-162
Section 13A-11-162 Indictment for libel. An indictment for a libel need not set forth any extrinsic
facts for the purpose of showing the application to the party libeled of the defamatory matter
on which the indictment is founded; it is sufficient to state generally that the same was
published concerning him, and the fact that it was so published must be proved on the trial.
(Code 1852, §582; Code 1867, §4132; Code 1876, §4805; Code 1886, §3772; Code 1896, §5064;
Code 1907, §7339; Code 1923, §4922; Code 1940, T. 14, §349; Code 1975, §13-6-202.)...

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