12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator. (b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court. (c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance of the protected person and dependents in accordance with the following principles: (1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person or dependents made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations furnishing support, education, or maintenance to the protected person or a dependent pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are clearly not in the best interest of the protected...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement in probate court. In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such succeeding conservator or ward or the cestui que trust may by petition to the court in which such estate is pending have an order requiring the sureties on such bond to make settlement of such estate in the court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code 1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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36-22-9
Section 36-22-9 Execution of process required of constables; compensation and liability therefor. The sheriff is authorized to execute all process which is required to be executed by constables and shall receive the same fees and compensation therefor as constables, except in cases of forcible entry and detainer and unlawful detainer, and he and his sureties on his official bond shall be liable for any abuse of the process that he may execute under this section. (Code 1876, §731; Code 1886, §811; Code 1896, §3741; Code 1907, §5873; Code 1923, §10199; Code 1940, T. 54, §18.)...
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43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor or administrator or, if dead, his personal representative or, in case of his removal from the state, his sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the application of any party in interest, compel him or his sureties to do so by attachment, or may state the account against him or his sureties from the materials on file or such other information as may be accessible to the court, charging him or his personal representative or his sureties with such assets as may have come into the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code 1876, §2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492, p. 655; Code 1923, §5930; Code 1940, T. 61, §325.)...
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27-10-24
Section 27-10-24 Licensing of surplus line brokers. (a) Any person, while licensed as a resident insurance producer in this state for the property lines of authority and who is deemed by the commissioner to have had sufficient experience in the insurance business to be competent for the purpose may be licensed as a surplus line broker for the types and kinds of insurance that he or she as a resident producer is licensed to handle as follows: (1) Application to the commissioner for the license shall be made on forms as designated and furnished by the commissioner. (2) License fee in the amount stated in Section 27-4-2 shall be paid to the commissioner. The license shall expire on December 31 next after its issue. (3) Prior to the issuance of the license, the applicant shall file with the commissioner, and thereafter for as long as any license remains in effect he or she shall keep in force and unimpaired, a bond in favor of the State of Alabama in the penal sum of at least fifty...
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36-5-18
Section 36-5-18 Legal effect of official bonds. (a) Every official bond is obligatory on the principal and sureties thereon for: (1) Every breach of the condition during the time the officer continues in office or discharges any of the duties thereof; (2) The faithful discharge of any duties which may be required of such officer by any law passed subsequently to the execution of such bond, although no such condition is expressed therein; and (3) The use and benefit of every person who is injured, as well by any wrongful act committed under color of his office as by his failure to perform or the improper or neglectful performance of those duties imposed by law. (b) The words, "for the use and benefit of every person injured," as used in subsection (a) of this section, shall include all person having a direct and proximate interest in the official act or omission and all persons connected with such official act or omission, by estate or interest. (Code 1852, §130; Code 1867, §169; Code...
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36-5-5
Section 36-5-5 To whom bonds payable; sureties; conditions generally. The bond of each public officer required by law to give bond must, unless it is otherwise provided, be made payable to the State of Alabama, with such sureties as the approving officer is satisfied have the qualifications required by law, with condition, in all cases in which a different condition is not prescribed, faithfully to discharge the duties of such office during the time he continues therein or discharges any of the duties thereof. (Code 1852, §118; Code 1867, §157; Code 1876, §163; Code 1886, §257; Code 1896, §3070; Code 1907, §1483; Code 1923, §2595; Code 1940, T. 41, §35.)...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The personal representative of a deceased person, by appointment of a court having jurisdiction in any state other than the state of Alabama, may receive and collect any indebtedness or bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal representative may execute a release, discharge and satisfaction of such indebtedness. Such personal representative, at the time of or before making such collection and satisfaction, release or discharge, shall file for record in the probate office of the county wherein the debtor resides a certified copy of the letters testamentary or of administration issued to such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such collection shall be made until the lapse of 60 days from the date of the death of the deceased, and no such collection shall be made if proceedings are pending for the...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account and vouchers. In case of the death of an executor or administrator who had not made a final settlement of his executorship or administration, and where letters of administration or testamentary have not been granted on his estate, the sureties on his official bond may proceed to make settlement of his administration of said estate as executor or administrator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code 1923, §5935; Code 1940, T. 61, §330.)...
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