43-2-139
Section 43-2-139 Inventory as evidence. In an action against an executor or administrator,
in which the fact of his having administered the estate of his testator or intestate, or any
part thereof, comes in issue, and the inventory of the property of the deceased, filed by
him, is given in evidence, the effect of the same may be repelled by evidence: (1) That any
property has been omitted in such inventory, or was not returned therein at its full value,
or since the filing thereof has increased in value; or (2) That such property has perished,
or been lost without the fault of such executor or administrator, or that it has been fairly
sold, according to law, at a less price than the value so returned, or that, since the return
of the inventory, such property has deteriorated or decreased in value; and in such action
the defendant cannot be charged for anything in action specified in the inventory, unless
it appears that it was, or might have been, collected by the exercise of due...
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43-2-22
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
(a) No person must be deemed a fit person to serve as executor who is under the age of 19
years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence
or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any
nonresident of the state be appointed as administrator unless he is at the time executor or
administrator of the same estate in some other state or territory or jurisdiction, duly qualified
under the laws of that jurisdiction. (b) If the person named in the will as sole executor
is or if all the persons named therein as executors are, from any of the causes enumerated
in subsection (a), unfit to serve as executor or executors, letters of administration, with
the will annexed, may be granted on the testator's estate, under the provisions of section
43-2-27. (Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876,...
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43-2-331
Section 43-2-331 Extension of time upon showing of good cause. Whenever any executor or administrator
has kept an estate together, under the order of the probate court, for 10 years, the time
may be extended annually, upon application and good cause shown, if the court is of the opinion
that the interest of such estate demands such extension. (Code 1867, §4431; Code 1876, §2603;
Code 1886, §2211; Code 1896, §279; Code 1907, §2744; Code 1923, §5983; Code 1940, T. 61,
§199.)...
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43-2-417
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.
If the purchaser fails to comply with the terms of the sale, the executor or administrator
may again proceed to advertise and sell the property. If, on another and a completed sale,
the property sells for a less sum than the amount bid at the former sale, the purchaser so
in default is liable to the executor, administrator or any person damaged for the deficiency,
and also the expense of the sale. (Code 1896, §149; Code 1907, §2613; Code 1923, §5840;
Code 1940, T. 61, §235.)...
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43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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43-2-464
Section 43-2-464 Conveyance. After such confirmation, and when the whole of the purchase money
has been paid by the purchaser, or his heirs, or any other person holding under him, directly
or derivatively, on the application of such purchaser, or his heirs, or such other person
holding under him, or of the executor or administrator, the court must order a conveyance
to be made to such purchaser, or to his heirs, or to such other person holding under him,
as the case may be, by the executor or administrator, or such other person as the court may
appoint, conveying all the right, title and interest which the decedent had, at the time of
his death, in such lands; and such order shall operate to vest the right, title and interest
of the decedent in such purchaser, or his heirs, or such other person holding under him. (Code
1852, §1770; Code 1867, §2096; Code 1876, §2468; Code 1886, §2124; Code 1896, §179; Code
1907, §2644; Code 1923, §5874; Code 1940, T. 61, §268.)...
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43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such
account, any person may attend on the part of such executor or administrator and show that
he is entitled to additional credits; and any person interested may attend and contest any
item of such account or in any previous account, or may show assets not accounted for, or
that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements
voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921;
Code 1940, T. 61, §318.)...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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11-50-56
Section 11-50-56 Giving of notice under provisions of division. Whenever in the exercise of
any power granted under this division notice is required to be given, the mayor and aldermen
or other governing body may designate a person or persons to give such notice, who shall be
a bonded officer of the municipality, and to make returns upon the same, and such return shall
be prima facie evidence of such notice. Personal notice to nonresidents shall not be
necessary, and the mayor and aldermen or other governing body may provide and fix the character
of the publication of notice to nonresidents, which shall be given by publication once a week
for three weeks or by posting for the same time in three public places in said city or town
where no newspaper is published therein. Whenever any notice to a resident property owner
is returned not found, the mayor and aldermen or other governing body may prescribe and issue
alias notices to be served as in the case of the original notice. Two returns...
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35-10-29
Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved
in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record,
of real or personal property to secure the payment of the purchase money recited in
such conveyance, upon the payment in full of such purchase money, the grantor, or his executor,
administrator or other person in whom the ownership of such lien is vested at the time of
the payment of such purchase money, must, on the request in writing of the grantee, his executor,
administrator or assigns, or of a judgment or other creditor of the grantee, enter the fact
of payment on the margin of the record of such conveyance in the manner as required by this
article. Such entry operates a release of such lien and is a bar to all actions thereon. If
for 30 days after such request, the grantor, or his executor, administrator or other person
in whom the ownership of such lien is vested at the time of such...
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