43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his letters revoked, in the following cases: (1) When it is shown to the court by his sureties, or either of them, that he has become, or is likely to become, insolvent, and that they have sustained, or probably will sustain, loss thereby. (2) When his letters have been granted on insufficient security, or the security has become insufficient since the grant, or any of his sureties have died or have removed from the state. (3) When the penalty of the bond is not sufficient to secure the due performance of the trusts committed to him. (Code 1852, §1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907, §2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead, his personal representative or, in event of his removal from the state, his sureties appear and file his accounts and vouchers for settlement and pay such costs as have accrued upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249; Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...
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6-6-290
Section 6-6-290 Effect of judgment by default. A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff must prove defendant's possession of the premises, or some part thereof, at the commencement of the action. (Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708; Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)...
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43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties. When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court "no property" by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay, at the end of each year, to the owner or owners of such share or shares a proportionate share of the profits arising from such estate, and is entitled to a credit for same; but if it shall appear, on a settlement of his accounts, that he has not paid the same, a decree therefor in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265; Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985; Code 1940, T. 61, §201.)...
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43-2-584
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator with the will annexed and must be in double the amount directed to be paid or in double the value of the property to be delivered, to be ascertained by the appraisement or other evidence satisfactory to the court, with at least two sufficient sureties, conditioned to refund the amount paid or to return the property or pay the value thereof, with interest on such amount or value from the time the same was received, should the assets prove insufficient to discharge the other debts presented and charges and other legacies entitled to priority of payment. (Code 1852, §1776; Code 1867, §2102; Code 1876, §2479; Code 1886, §2196; Code 1896, §264; Code 1907, §2740; Code 1923, §5979; Code 1940, T. 61, §339.)...
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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding bond stands as security for the executor or administrator, should the assets in his hands, after any payment of money or delivery of property under the order of the court, prove insufficient to pay the debts, claims and charges against the estate, and the executor or administrator pays the same; and also as security for the creditors of the estate; and any creditor may bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount or value of the property received by the legatee or distributee and interest on such amount or value from the date of its receipt; and the value of property received may be proved by the entry of record, made according to the provisions of this division or other evidence; and civil actions may be brought on such bond from time to time in the name of any person aggrieved until the whole amount of the liability, as determined by this...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor, administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability for failure to perform duty. Money due on decrees for the payment of money rendered against any executor, administrator or guardian on a partial or final settlement may be paid to the probate judge, and it shall be his duty to pay over the same to the person entitled thereto on demand upon proper proof of identity or authority; and, for failure to do so, he shall incur a penalty in favor of the person entitled to the money of 10 percent damages, which, together with the money received and interest thereon, may be recovered by civil action on his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907, §5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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43-2-134
Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non. In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of such judgment, or their personal representative, against the administrator de bonis non of such estate on 10 days' notice to such administrator de bonis non; but such liabilities shall only bind the administrator de bonis non to the extent of the assets of the estate which have come into his possession. (Code 1907, §2806; Code 1923, §6045; Code 1940, T. 61, §122.)...
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43-2-153
Section 43-2-153 Enforcement of judgment of circuit court against representative. When any judgment is entered in the circuit court against any executor or administrator, as such, and an execution thereon has been returned "no property" by the sheriff or other officer of the county in which such judgment was entered, an execution may issue against the executor or administrator personally, to be levied on his goods and chattels, lands and tenements. (Code 1852, §1923; Code 1867, §2282; Code 1876, §2620; Code 1886, §2278; Code 1896, §347; Code 1907, §2814; Code 1923, §6053; Code 1940, T. 61, §130.)...
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