5-7A-43
Section 5-7A-43 Continuation of identity, obligations, etc., of state bank. Upon such conversion, merger or consolidation becoming effective, the national bank shall be deemed to be a continuation of the entity and of the identity of the state bank and all the rights, obligations and relations of the state bank to or in respect to any person, estate, creditor, depositor, trustee or beneficiary of any trust and in, or in respect to, any executorship or trusteeship or other trust or fiduciary function shall remain unimpaired. The national bank, as of the time of the taking effect of such conversion, merger or consolidation shall succeed to all such rights, obligations, relations and trusts and the duties and liabilities connected therewith and shall execute and perform each and every such trust or relation in the same manner as if the national bank had itself assumed the trust or relation, including the obligations and liabilities connected therewith. If the state bank is acting as...
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43-2-298
Section 43-2-298 Order to give additional bond. If an additional bond is required by the court, an order must be made to that effect, allowing such time to give the same as the court may think reasonable; and if such order is not complied with within the time prescribed, the executor or administrator must be removed and his letters revoked. (Code 1852, §§1706, 1707; Code 1867, §§2027, 2028; Code 1876, §§2396, 2397; Code 1886, §2052; Code 1896, §99; Code 1907, §2573; Code 1923, §5796; Code 1940, T. 61, §186.)...
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43-2-41
Section 43-2-41 Form. Letters of administration may be substantially in the following form: The State of Alabama, } ___ County.} Court of Probate. Letters of administration on the estate of _____ (or letters of administration on the annexed will of _____, as the case may be) are hereby granted to _____, who has duly qualified and given bond as such administrator, and is authorized to administer such estate (or to execute such will, as the case may be). Witness my hand and dated this _____day of _____, 19__. ___ Judge of Probate (Code 1852, §1688; Code 1867, §2008; Code 1876, §2370; Code 1886, §2015; Code 1896, §57; Code 1907, §2521; Code 1923, §5743; Code 1940, T. 61, §82.)...
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43-2-44
Section 43-2-44 Grant of administration when more than one person entitled thereto; preference of whole blood over half blood. If several persons of the same degree of kindred to the intestate, computed by the rules of the civil law, are entitled to the administration, and when several persons are equally entitled thereto, the court may, in its discretion, grant letters to one or more of them; except, that the whole blood shall be preferred to the half blood. When a married woman is entitled to the administration, it may be granted to her husband in her right. (Code 1852, §§1670-1673; Code 1867, §§1988-1991; Code 1876, §§2352-2355; Code 1886, §2017; Code 1896, §59; Code 1907, §2523; Code 1923, §5745; Code 1940, T. 61, §84.)...
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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration, the executor or administrator must proceed as follows: He must make out an account between himself and the estate he represents, charging himself with all the assets of the deceased which have come into his possession, except the lands, and crediting himself with all the credits he is by law entitled to; which account, verified by his oath, must be filed with the judge of probate of the court having jurisdiction. With such account he must also file written evidence in his possession, on which he relies to sustain the credit side of such account, which may consist of an affidavit or any other legal evidence, in the discretion of the executor or administrator. He must, at the same time, file a statement, on oath, of the names of the heirs and legatees of such estate, specifying particularly which are under the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by law or that the same will be barred. The notice of appointment, (1) For actual notice as required in section 43-2-61(1), must be given as soon as practicable after a creditor's identification is known; and (2) For publication notice as required in section 43-2-61(2), must be given within thirty days from grant of letters. (Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122; Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618, §1.)...
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5-7A-22
Section 5-7A-22 Conversion of national bank, etc., into state bank - Powers and duties of bank, stockholders, officers, etc., upon issuance of certificate. (a) When the superintendent has given to such bank a certificate that the provisions of this article have been complied with, such bank and all its stockholders, officers and employees shall have the same powers and privileges and shall be subject to the same duties, liabilities and regulations, in all respects, as shall have been prescribed for banks originally organized as banking corporations under the laws of Alabama. (b) At the time when such conversion of the national bank into a state bank, under the charter of the latter, becomes effective, all the property of the national bank, including all its rights, title and interest in and to all property of whatsoever kind, whether real, personal or mixed, and things in action, and every right, privilege, interest and asset of any conceivable value or benefit then existing, belonging...
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43-2-500
Section 43-2-500 When annual or partial settlement required. Every executor or administrator must make annual settlements of his administration; and he may, when necessary for the interests of the estate, be required to make a settlement at any time. (Code 1852, §1801; Code 1867, §2136; Code 1876, §2508; Code 1886; §2133; Code 1896, §201; Code 1907, §2666; Code 1923, §5899; Code 1940, T. 61, §293.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or sheriff. (a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless such person enters into bond, with surety, to be approved by the judge, to pay the fees and allowances made by the court on such administration, if the property of the estate is insufficient therefor. (b) If, upon the settlement of an administrator appointed under subsection (a), it appears that sufficient assets of his intestate have not come to his hands to pay the costs and expenses legally incurred in his administration, the probate court having jurisdiction of such administration may enter a judgment and thereon issue execution against the obligors in the bond mentioned in subsection (a), for any excess due above the assets in the hands of such administrator. (Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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43-2-515
Section 43-2-515 Contest of account - Withdrawal of item. The executor or administrator may, before the decision of the court on any item, withdraw the same; but in such case he must pay the costs of the contest as to such item. (Code 1852, §1815; Code 1867, §2150; Code 1876, §2522; Code 1886, §2146; Code 1896, §214; Code 1907, §2682; Code 1923, §5915; Code 1940, T. 61, §311.)...
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