Code of Alabama

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43-2-132
Section 43-2-132 Actions begun by special administrator not abated. Civil actions commenced
by a special administrator do not abate by the appointment of an executor or administrator
in chief, but may be prosecuted by such executor or administrator. (Code 1852, §1924; Code
1867, §2283; Code 1876, §2621; Code 1886, §2264; Code 1896, §332; Code 1907, §2804; Code
1923, §6043; Code 1940, T. 61, §120.)...
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43-2-133
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions. When
any civil action has been commenced by or against the personal representative of a decedent,
the same may be prosecuted by or against any succeeding executor or administrator, who may,
on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code
1886, §2265; Code 1896, §333; Code 1907, §2805; Code 1923, §6044; Code 1940, T. 61, §121.)...

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43-2-131
Section 43-2-131 Limitation on actions against executor or administrator. No civil action must
be commenced against an executor or administrator, as such, until six months after the grant
of letters testamentary or of administration, unless the executor or administrator has given
notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code 1876,
§2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts 1931,
No. 725, p. 841; Code 1940, T. 61, §119.)...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-811
Section 43-2-811 Special plea of insolvency. The executor or administrator may, at any time
before judgment, plead specially that the estate has been declared insolvent; and, in such
case, the other issues must be tried and judgment entered thereon. (Code 1852, §1859; Code
1867, §2208; Code 1876, §2580; Code 1886, §2250; Code 1896, §318; Code 1907, §2794; Code
1923, §6033; Code 1940, T. 61, §420.)...
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12-13-38
Section 12-13-38 Appointment of special judge in event of refusal to act, death, etc., of original
special judge and continuation of incompetence, absence, etc., of probate judge. If the special
judge so appointed fails or refuses to act or, having commenced to act and before finally
concluding or determining such matter or proceeding, dies, becomes incompetent or fails or
refuses to continue acting therein, the incompetency, absence, sickness or other disqualification
of the probate judge continuing, the Alabama Supreme Court, upon the facts being certified
to it, shall appoint another special judge of like qualification. (Code 1886, §803; Code
1896, §3382; Code 1907, §5440; Code 1923, §9602; Code 1940, T. 13, §311.)...
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19-3-121
Section 19-3-121 Interest-bearing warrants. A trustee, executor, administrator, guardian or
one acting in any other fiduciary capacity may, with the exercise of reasonable business prudence,
in addition to any other investments now permitted by law, invest funds in interest-bearing
warrants of any county board of education or city board of education in the State of Alabama,
which warrants are secured by a pledge of a special county ad valorem tax for schools or a
special district ad valorem tax for schools. (Acts 1939, Ex. Sess., No. 16, p. 17; Code 1940,
T. 58, §48; Acts 1949, No. 133, p. 163.)...
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