26-5-12
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed
by any court of this state for a minor or incapacitated person may, on the arrival of his
or her ward at full age or on termination of the ward's incapacity or on removal of his or
her ward's disabilities of nonage by a court of competent jurisdiction or, if the ward is
married and has attained the age of 18 years, or if the ward has died, present a verified
petition to the court in which the conservatorship is pending, praying for a final consent
settlement by and between him or her and his or her ward, or the ward's personal representative,
if the ward has died. If such consent settlement is agreed to by the ward, or the ward's personal
representative, if the ward has died, by a written instrument, signed by him or her and acknowledged
as conveyances of real estate are acknowledged, the court may approve such settlement without
notice or publication or posting. The agreement of the ward, or...
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26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
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26-8-22
Section 26-8-22 Hearing; entry of order authorizing removal or dismissal of application and
taxing of costs against applicant. If, on the hearing, the court is satisfied that the removal
will advance the interests of the minor or ward, an order authorizing it shall be made and
entered; otherwise, the application shall be dismissed and the guardian or conservator or
the next friend, as the application may be made by the one or the other, must be taxed with
the costs. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2485; Code
1896, §2370; Code 1907, §4460; Code 1923, §8233; Code 1940, T. 21, §105; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-8-48
Section 26-8-48 Sale of property to effect removal thereof from state - Authorization. When
the property of a minor or incapacitated person is ordered to be removed from the state under
any provision contained in this article, the court making the order may, on the application
of the person by whom such order of removal was obtained, order a sale of any property, real
or personal, of such minor or incapacitated person as may be necessary to effect such removal.
(Code 1896, §2382; Code 1907, §4472; Code 1923, §8245; Code 1940, T. 21, §117; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-8-52
Section 26-8-52 Foreign conservator to execute and deliver receipts for money or property removed
from state. When a foreign conservator receives any money or property to be removed to another
state under any of the provisions of this article, he or she shall execute and deliver to
the person or officer from whom he or she receives such money or property receipts therefor,
in duplicate, one of which must be by such person or officer duly forwarded by mail to the
presiding officer of the court from which such conservator received his or her appointment.
(Code 1896, §2386; Code 1907, §4476; Code 1923, §8249; Code 1940, T. 21, §121; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-8-49
Section 26-8-49 Sale of property to effect removal thereof from state - Application for order
of sale. The application for such order of sale must be in writing, verified by affidavit,
must describe the property sought to be sold and must state the facts showing that the interest
of the minor or incapacitated person would be promoted by the proposed sale. (Code 1896, §2383;
Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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16-3-30
Section 16-3-30 Administration of gifts and donations. Whenever any property, money or thing
of value is donated to be used for the benefit of the public schools of this state, the State
Board of Education shall have power to administer such trusts as it deems to the best interest
of the school or schools for the benefit of which the donation or gift is made. The board
of education is given complete control of such property and may sell, lease or otherwise dispose
of the property as it deems to the best interest of the school or schools for the benefit
of which such property is donated; or the board of education may convert the same into securities
for handling the property or proceeds therefrom as in its discretion will best promote the
purpose of the trust. (School Code 1927, §627; Code 1940, T. 52, §39.)...
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16-3-31
Section 16-3-31 Gifts may be accepted on conditions. The State Board of Education may accept
the administration of property, money or other thing of value donated in trust for the benefit
of any public school of the state upon such conditions as may be acceptable to the donor and
the State Board of Education, but no undertaking entered into by the State Board of Education
with such donor shall bind the state to pay any public moneys to anyone. Nothing hereunder
shall prevent the State Board of Education from undertaking payments to persons out of the
proceeds derived from such trust funds as a condition of the acceptance of a donation for
the benefit of such school or schools. All trust funds administered under the provisions of
this chapter may be required by the State Board of Education to pay the expenses of administering
the same. (School Code 1927, §628; Code 1940, T. 52, §40.)...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and exempt
property, if the decedent was domiciled in this state, the surviving spouse and minor children
whom the decedent was obligated to support and children who were in fact being supported by
him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
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