26-5-38
Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator
or personal representative on appointed day. If, on or before the day so appointed,
the conservator, or the personal representative of the conservator, if the account
is stated against such representative, appears and files his or her accounts and vouchers
for settlement and pays such costs as have accrued under the proceedings, the court must set
aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts
and vouchers so filed. (Code 1886, §2475; Code 1896, §2360; Code 1907, §4450; Code 1923,
§8223; Code 1940, T. 21, §153; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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17-16-62
Section 17-16-62 Appeals - Costs. On the taking of an appeal as provided in Section 17-16-61,
the appellant must give bond and security for the costs thereof to be approved by the judge
of probate or clerk of the circuit court, as the appeal may be taken from the judgment of
the judge of probate or circuit court, and the appeal bond must be certified with the record
to the appellate court, and if judgment is entered confirming the judgment of the judge of
probate or of the circuit court, the Supreme Court must render judgment against the appellant
and his or her sureties for the costs. An appeal in any and all cases suspends the execution
of the judgment or decree of the judge of probate or of the circuit court. (Code 1896, §1703;
Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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36-17-6
Section 36-17-6 Settlement of accounts and delivery of books, etc., on removal or resignation.
If the Treasurer resigns or is removed, he must immediately after such resignation or removal
deliver the books, papers and money belonging to the treasury to his successor, taking a receipt
therefor, and must, within 10 days after resignation or removal, state his account, and the
Department of Finance must record and file in his office a statement of such settlement and
receipt and report the same to the next session of the Legislature. (Code 1852, §67; Code
1867, §101; Code 1876, §102; Code 1886, §115; Code 1896, §2014; Code 1907, §620; Code
1923, §830; Code 1940, T. 55, §212.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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26-5-16
Section 26-5-16 Compensation of conservator - Commissions generally; allowances for actual
expenses and for special or extraordinary services rendered; premiums on bond. A conservator
is entitled for his or her services to reasonable compensation. On final settlement, an allowance
must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary
services rendered, such compensation must be allowed the conservator as is just, but no allowance
of actual expenses or for special or extraordinary services must be made except upon an itemized
account, verified by affidavit, of such expenses or of such special or extraordinary services,
and in its decree the court must state each item for such services for which compensation
is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond
as conservator. (Code 1886, §2465; Code 1896, §2350; Code 1907, §4440; Code 1923, §8213;
Code 1940, T. 21, §143; Acts 1987, No. 87-590, p....
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6-5-575
Section 6-5-575 Settlement of disputes by voluntary arbitration. (a) After a legal service
provider has rendered services, or failed to render services, to a client out of which a claim
has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement
must be in writing and signed by both parties. Any such agreement shall be valid, binding,
irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the
revocation of any contract. (b) Pursuant to the provisions of this section, the claimant shall
select one competent and disinterested arbitrator, and the party or parties against whom the
claim is made shall select one competent and disinterested arbitrator. The two arbitrators
so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then
upon request of any party, such third arbitrator shall be selected by a judge of a court of
record in the county in which the arbitration is pending. The...
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6-5-485
Section 6-5-485 Settlement of disputes by arbitration. (a) After a physician, dentist, medical
institution, or other health care provider has rendered services, or failed to render services,
to a patient out of which a claim has arisen, the parties thereto may agree to settle such
dispute by arbitration. Such agreement must be in writing and signed by both parties. Any
such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds
as exist in law or in equity for the revocation of any contract. (b) Pursuant to the provisions
of this section, the claimant shall select one competent and disinterested arbitrator, and
the party or parties against whom the claim is made shall select one competent and disinterested
arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to
agree thereon within 30 days, then, upon request of any party, such third arbitrator shall
be selected by a judge of a court of record in the county in which...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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