12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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19-3B-503
Section 19-3B-503 Exceptions to spendthrift provision. (a) In this section, "child"
includes any person for whom an order or judgment for child support has been entered in this
or another state. (b) A spendthrift provision is unenforceable against: (1) a beneficiary's
child, spouse, or former spouse who has a judgment or court order against the beneficiary
for support or maintenance; (2) a judgment creditor who has provided services for the protection
of a beneficiary's interest in the trust; and (3) a claim of this state or the United States
to the extent a statute of this state or federal law so provides. (c) A claimant against whom
a spendthrift provision cannot be enforced may obtain from a court an order attaching present
or future distributions to or for the benefit of the beneficiary. The court may limit the
award to such relief as is appropriate under the circumstances. (Act 2006-216, p. 314, §1.)...

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43-2-154
Section 43-2-154 Purchase of property sold under execution. The executor or administrator of
any decedent may purchase for the estate property sold under any judgment of the circuit court
or under any execution in his favor as such executor or administrator. (Code 1886, §2281;
Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)...
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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.)...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-2-664
Section 43-2-664 Order after hearing. Should the court find the allegations of the petition
or complaint to be true, it shall enter an order, decree or judgment in said cause discharging
the executor or the administrator and the sureties on their official bonds from all liability
growing out of the administration of said estate. Should it find otherwise, the court shall
dismiss the petition or complaint. (Acts 1953, No. 687, p. 939, §6.)...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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26-8-47
Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents
- Discharge of resident administrator, etc. Such order is a discharge of the executor, administrator,
or other person in whose possession such property may be at the time of the order made. (Code
1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381;
Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)...
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