43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original grant
of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-552.htm - 1K - Match Info - Similar pages

6-5-31
Section 6-5-31 Assignment of breaches on penal bonds or other writings. In actions upon penal
bonds or other writings for the nonperformance of any covenant or agreement contained therein,
the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may
be entered for the plaintiff for such of the breaches as he may prove. Default judgments may
be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure,
but in no case shall the judgment exceed the principal and interest due on the instrument.
(Code 1852, §§2231, 2367; Code 1867, §§2633, 2771; Code 1876, §§2982, 3033; Code 1886,
§2668; Code 1896, §3289; Code 1907, §5325; Code 1923, §9462; Code 1940, T. 7, §215.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-31.htm - 1K - Match Info - Similar pages

35-2-50
Section 35-2-50 Survey required; what plat or map must show. Any person, or his administrator,
executor or guardian, desiring to subdivide his lands into lots shall cause the same to be
surveyed by a competent surveyor, if not already surveyed, and shall cause a plat or map thereof
to be made, showing the subdivisions into which it is proposed to divide the same, giving
the length and bearings of the boundaries of each lot and its number; and, if it is the purpose
of the owner to divide the lands into town lots, such plat or map shall show the streets,
alleys, and public grounds and give the bearings, length, width, and name of each street,
as well as the number of each lot and block. Such plat or map must show the relation of the
lands so platted or mapped to the government survey. (Code 1896, §3899; Code 1907, §6028;
Code 1923, §10357; Code 1940, T. 56, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-2-50.htm - 1K - Match Info - Similar pages

43-2-299
Section 43-2-299 Removal or additional bond on motion of court. Whenever the judge of probate
has reason to believe that any just ground or cause of removal exists, or that an additional
bond should be required of an executor, or administrator, he may cause a citation to be served
on such executor or administrator, requiring him to appear on a day therein named, five days
after service thereof, and show cause why he should not be removed, or give an additional
bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor
or administrator, or require him to give an additional bond; and, if an additional bond is
required, on failure to give the same within the time prescribed the court may remove him.
(Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886,
§2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-299.htm - 1K - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-150.htm - 1K - Match Info - Similar pages

43-2-253
Section 43-2-253 Enforcement of decree or judgment for recovery of property. When such decree
or judgment is for the recovery of real or personal property and the estate has no executor
or administrator, no writ of possession or other writ for the enforcement of such decree or
judgment shall issue thereon until there shall be some person duly authorized under the laws
of this state to receive the possession of such property, and then such writ shall issue in
favor of such person. (Code 1876, §2627; Code 1886, §2286; Code 1896, §355; Code 1907,
§2821; Code 1923, §6060; Code 1940, T. 61, §168.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-253.htm - 932 bytes - Match Info - Similar pages

43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor
or administrator or, if dead, his personal representative or, in case of his removal from
the state, his sureties fail to make settlement within the time required by this division,
the court may, of its own motion or on the application of any party in interest, compel him
or his sureties to do so by attachment, or may state the account against him or his sureties
from the materials on file or such other information as may be accessible to the court, charging
him or his personal representative or his sureties with such assets as may have come into
the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code 1876,
§2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492, p. 655;
Code 1923, §5930; Code 1940, T. 61, §325.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-555.htm - 1K - Match Info - Similar pages

43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-211.htm - 1K - Match Info - Similar pages

43-2-251
Section 43-2-251 Decree in favor of administrator ad litem. When, in such proceedings, the
estate represented by the administrator ad litem is entitled to a decree or judgment for the
recovery of money or for the possession of real or personal property, such decree or judgment
shall be rendered in favor of the administrator ad litem for the use of the estate. (Code
1876, §2626; Code 1886, §2284; Code 1896, §353; Code 1907, §2819; Code 1923, §6058; Code
1940, T. 61, §166.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-251.htm - 809 bytes - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-517.htm - 1K - Match Info - Similar pages