26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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26-2-54
Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Entry of decree or judgment as to contested application
upon rendition of verdict of jury. If, on the trial of the contest, the jury finds the facts
stated in the application to be true, the court must enter a decree revoking the proceedings
on the inquisition and the guardianship or conservatorship, and declaring that the ward must
be restored to the custody and management of his or her estate and must adjudge the costs
as is just and equitable, but if the verdict of the jury negatives the facts stated in the
application, a judgment of dismissal at the cost of the applicant or of the next friend must
be entered. (Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code
1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-2-52
Section 26-2-52 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Appointment of date for hearing on application; notice to
guardian or conservator, etc. On the filing of such application, the court must appoint a
day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator
and the person at whose instance the inquisition was had and taken must be cited to appear
and show cause against it. (Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code
1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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26-2-55
Section 26-2-55 Revocation of guardianship or conservatorship - Upon application by guardian
or conservator. If, at any time after his or her appointment, the guardian or conservator
becomes satisfied that the incapacity of the ward has terminated, and is capable of managing
his or her estate and the judge of probate is of the opinion, from the proof and the facts
stated, that such representation is correct, the judge of probate must make an order that
the guardian or conservator be discharged and that the estate of the ward be restored to him
or her. (Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code
1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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43-8-191
Section 43-8-191 Time for trial; continuance; summoning witnesses. Upon the institution of
such contest, a day must be appointed for the trial thereof, and the trial may, on good cause
shown by either party, be continued to any other day; and the judge of probate must, on application
of either party, issue subpoenas for witnesses to appear on the day fixed for such trial,
and may resummon them to any day to which the same may be continued. (Code 1852, §§1635,
1636, 1640; Code 1867, §§1934, 1955, 1959; Code 1876, §§2318, 2323; Code 1886, §1990;
Code 1896, §4288; Code 1907, §6197; Code 1923, §10626; Code 1940, T. 61, §52; Code 1975,
§43-1-71.)...
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