43-2-514
Section 43-2-514 Contest of account - Reduction or disallowance of item. If any item as charged
by the executor or administrator is reduced or not allowed, the costs of the contest in relation
to such item must be paid by the executor or administrator, otherwise, by the party contesting.
(Code 1852, §1814; Code 1867, §2149; Code 1876, §2521; Code 1886, §2145; Code 1896, §213;
Code 1907, §2681; Code 1923, §5914; Code 1940, T. 61, §310.)...
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26-5-6
Section 26-5-6 Partial settlement - Presumption as to correctness upon final settlement; reexamination,
etc., of items of account. Upon the final settlement, a partial settlement must be taken and
presumed as correct, but any item of the account may be reexamined and, if, on reexamination,
it is found incorrect, the item must be disallowed or allowed only so far as its correctness
may appear. (Code 1886, §2458; Code 1896, §2343; Code 1907, §4433; Code 1923, §8206; Code
1940, T. 21, §133.)...
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26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear
and file accounts and vouchers on appointed day. If such conservator or personal representative
fails to appear and file his or her accounts and vouchers for settlement, any person having
an interest may appear and contest such account and the court must hear and determine such
contest and, whether such contest be made or not, must render a decree on such account which
has the force and effect of a decree rendered on a voluntary settlement by such conservator
or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code
1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-11
Section 26-5-11 Final settlement generally - Rendition and recordation of decree as to vouchers
and account; recordation of account and vouchers. After the examination of the vouchers and
the audit and statement of the account, the court must render a decree passing the same and
declaring the amount due the ward, if there be any amount due him or her, which must be entered
of record. The account and vouchers must be recorded. (Code 1886, §2463; Code 1896, §2348;
Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)...
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43-2-505
Section 43-2-505 Time for settlement; notice generally. (a) Upon the filing of such account,
vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement,
and must give notice of the same, by publication in some newspaper published in the county,
for three successive weeks; or, if none is published in the county, by posting such notice
at the courthouse and three other public places in such county, for the same length of time;
but if the settlement be only an annual one, publication shall only be given by posting up
notices as above provided. If the settlement is a final one, the probate judge must also give
10 days' notice of the day set for making the settlement to every adult distributee resident
in the state whose place of residence is known or can be ascertained with reasonable diligence,
and to all sureties on the bond of the administrator or executor. (b) Such notice must state
the name of the executor or administrator, the name of the deceased,...
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43-2-512
Section 43-2-512 Contest of account - Showing of failure to discharge trust, etc. Upon final
settlement, any person contesting may also show that the executor or administrator has failed
to charge himself with or to account for all the assets of the decedent received by him, or
that he has failed to collect the same, or any portion thereof, or that by any abuse of, or
failure to discharge his trust, such assets or any portion thereof have been depreciated,
injured or destroyed. (Code 1852, §1824; Code 1867, §2160; Code 1876, §2532; Code 1886,
§2150; Code 1896, §218; Code 1907, §2679; Code 1923, §5912; Code 1940, T. 61, §308.)...

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7-4-214
Section 7-4-214 Right of charge-back or refund; liability of collecting bank; return of item.
(a) If a collecting bank has made provisional settlement with its customer for an item and
fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement
for the item which is or becomes final, the bank may revoke the settlement given by it, charge
back the amount of any credit given for the item to its customer's account, or obtain refund
from its customer, whether or not it is able to return the item, if by its midnight deadline
or within a longer reasonable time after it learns the facts it returns the item or sends
notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline
or a longer reasonable time after it learns the facts, the bank may revoke the settlement,
charge back the credit, or obtain refund from its customer, but it is liable for any loss
resulting from the delay. These rights to revoke, charge back, and...
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34-3-83
Section 34-3-83 Rights of accused member. Any member of the bar complained of shall have notice
and opportunity to defend by the introduction of evidence and the examination of witnesses
called against him or her and the right to be represented by counsel. He shall also have the
right to require the secretary to summon witnesses to appear and testify or produce books,
papers, documents, or other writings necessary or material to his or her defense in like manner
as above provided. (Acts 1923, No. 133, p. 100, §17; Code 1923, §6236; Code 1940, T. 46,
§36.)...
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17-16-76
Section 17-16-76 Execution for costs. After the determination of the contest, the Clerk of
the House of Representatives must tax the costs accrued and certify the amount of each separate
item, the name of the person entitled thereto, and the result of such contest and the names
of the sureties on the bond for contest, to the clerk of the circuit court of Montgomery County,
and the clerk must thereupon issue execution against the unsuccessful party, which execution
must be made returnable in 30 days after its issue; and alias and pluries executions may be
issued as often as may be necessary. And if it be certified that the determination of the
contest was against the contestant, the execution must issue against the sureties on the bond
for the contest as well as against the contestant. (Code 1896, §1685; Code 1907, §491; Code
1923, §581; Code 1940, T. 17, §267; §17-15-63; amended and renumbered by Act 2006-570,
p. 1331, §83.)...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
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