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26-3-3
Section 26-3-3 Relief of testamentary conservator of minor from requirement of giving bond
and effect thereof. A testator may by his or her last will relieve the conservator of his
or her appointment for a minor child or children from giving bond and sureties for the faithful
performance of his or her duties as conservator, but the authority of such conservator shall
not extend to any other property or estate of such minor child or children than such as is
derived by gift, devise, descent, or distribution from the testator, unless he or she gives
bond, with sufficient sureties, as is required of other conservators. (Code 1852, §2018;
Code 1867, §2417; Code 1876, §2762; Code 1886, §2379; Code 1896, §2274; Code 1907, §4364;
Code 1923, §8137; Code 1940, T. 21, §29; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and
notice; terms; application of proceeds. The facts stated in the application to sell the homestead
for setting apart of exemptions may be proved by the oral testimony of witnesses or by the
records of the probate court, and if the facts stated in such application are proven to the
satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must
be sold on such terms as the court may direct, not exceeding a credit of three years, but
in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the
discretion of the court, be applied by the court to the purchase of a homestead for the benefit
of such surviving spouse and minor children, or either of them, or be paid by the court to
the surviving spouse for the use and support of said surviving spouse and...
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26-3-11
Section 26-3-11 Liability of sureties upon certain conditionally executed bonds. A surety on
the bond of the general conservator of the county or on the bond of the conservator of a minor
or an incapacitated person cannot avoid liability thereon on the ground that he or she signed
or delivered it on condition that it should not be delivered to the judge of probate or should
not become perfect unless it was executed by some other person who does not execute it. (Code
1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-3-10
Section 26-3-10 Bonds of certain conservators to have force and effect of statutory bonds.
The bond of the general conservator of the county or of the conservator of a minor or of an
incapacitated person is valid and operative as a statutory bond and is of the same obligation,
force, and effect as a statutory bond, though it may not be approved or in the penalty or
payable or with the condition required by law. (Code 1886, §2387; Code 1896, §2281; Code
1907, §4371; Code 1923, §8144; Code 1940, T. 21, §36; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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26-3-5
Section 26-3-5 General conservator for county. The general conservator of the county must give
bond, with at least two good and sufficient sureties, in a penalty to be prescribed by the
judge of probate and payable to him or her, with condition to faithfully perform all the duties
which are or may be required of him or her by law during the time he or she acts as such conservator.
(Code 1867, §2424; Code 1876, §2766; Code 1886, §2381; Code 1896, §2276; Code 1907, §4366;
Code 1923, §8139; Code 1940, T. 21, §31; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-82
Section 43-2-82 Liability of judge of probate, etc., in taking bond. When a party is required
to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable
for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking
an insufficient bond from any personal representative, fiduciary, or someone serving in a
similar capacity. Any person injured thereby may maintain an action against the judge and
his or her sureties and recover for the injury proved. (Code 1852, §1692; Code 1867, §2013;
Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code 1923, §5767;
Code 1940, T. 61, §101; Act 2017-174, §1.)...
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