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19-3-23
Section 19-3-23 Failure of trustee to give bond; appointment of successor. If the trustee fails
for five days from and after the making of such order, to give such bond, the register or
clerk must make and enter an order removing him as a trustee, and may make and enter an order
appointing a successor, of whom bond, with sureties, payable and conditioned as provided in
Section 19-3-22 must be required. (Code 1886, §3552; Code 1896, §4155; Code 1907, §6057;
Code 1923, §10394; Code 1940, T. 58, §11.)...
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35-5A-19
Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation of successor
custodian. (a) A person nominated under section 35-5A-4 or designated under section 35-5A-10
as custodian may decline to serve by delivering a valid disclaimer to the person who made
the nomination or to the transferor or the transferor's legal representative or by effecting
a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama
Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to serve was nominated under
section 35-5A-4, the person who made the nomination may nominate a substitute custodian under
section 35-5A-4; otherwise the transferor or the transferor's legal representative shall designate
a substitute custodian at the time of the transfer, in either case from among the persons
eligible to serve as custodian for that kind of property...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator
may also be required to give additional bond and, in default thereof, may be removed and his
letters revoked, in the following cases: (1) When it is shown to the court by his sureties,
or either of them, that he has become, or is likely to become, insolvent, and that they have
sustained, or probably will sustain, loss thereby. (2) When his letters have been granted
on insufficient security, or the security has become insufficient since the grant, or any
of his sureties have died or have removed from the state. (3) When the penalty of the bond
is not sufficient to secure the due performance of the trusts committed to him. (Code 1852,
§1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907,
§2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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6-5-1
Section 6-5-1 Right to commence actions - Generally. (a) The state may commence an action in
its own name and is entitled to all remedies provided for the enforcement of rights between
individuals without giving bond or security or causing an affidavit to be made, though the
same may be required as if the action were between private citizens. (b) The district attorney
of the circuit in which an action by the state is pending must attend to the same on the part
of the state, and the Governor of the state may employ assistant counsel if he deems it necessary.
The written direction of the Governor to the attorney of record is sufficient authority for
commencing such an action, and the trial judge may determine the amount of compensation. If
unsuccessful, the state is liable for costs as individual parties are. (c) Actions commenced
by the state are to be governed by the same rules as in actions between individuals. (Code
1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755;...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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21-1-10
Section 21-1-10 Attendance of blind, deaf, or mute children of mandatory age - Required. It
shall be the duty of any parent, guardian, or other person having control of any deaf or blind
child of mandatory school attendance age and so handicapped by deafness, blindness, or inability
to speak as to be unable to make satisfactory progress in the public schools of the community
in which such child resides to enroll such child in the Alabama Institute for Deaf and Blind
located at Talladega, Alabama, not later than five days after the opening of this school and
to keep such child in school during each scholastic year for a term of 36 weeks, or for the
length of the school term. (Acts 1931, No. 61, p. 125; Code 1940, T. 52, §525; Act 2009-564,
p. 1648, §1.)...
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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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33-3-5
Section 33-3-5 Harbor Master and deputy harbor masters - Removal; bond; boarding of vessels;
records; additional appointments. The Harbor Master and his or her deputy harbor masters shall
be subject to removal by the director for cause. Before entering upon the duties of their
respective offices, they shall execute to the State of Alabama a bond, to be approved by the
Director, in amounts to be fixed by the director of the Alabama State Port Authority, for
the faithful performance of their duties. The Harbor Master in person or by a deputy harbor
master shall have the authority, but not the obligation, to board each vessel entering the
harbor, as defined in this chapter, to the limits of the jurisdiction of the Alabama State
Port Authority to satisfy himself or herself that such vessel is complying with the laws,
rules, and regulations pertaining to the harbor and port and to obtain data for his or her
record; and he or she shall keep a record of all vessels, barges, and tugboats...
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45-13-120
Section 45-13-120 Compensation; election; oath and bond; office space, equipment; chief clerk;
powers and duties; issuance of licenses; disposition of funds. (a)(1) Effective October 1,
1991, there is hereby created the office of commissioner of licenses. The salary of the commissioner
of licenses shall be in the amount of thirty-six thousand dollars ($36,000) annually. The
annual salary shall be payable in equal biweekly installments from the general funds of the
county, as all other county employees are paid. (2) The office of commissioner of licenses
shall be established upon the occurrence of a vacancy before October 1, 1991, in either the
office of tax assessor or tax collector, then, in that event, the officer remaining after
the office of revenue commissioner is established, shall be the license commissioner for the
remainder of the unexpired term for which he or she was elected as either tax assessor or
as tax collector, as the case may be, and the license commissioner shall be...
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