43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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43-2-450
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and
when the application is by an executor or administrator with the will annexed, that no power
is given by the will for that purpose, the court may direct the sale of all, or such portion
of the real estate as may be necessary to pay the debts; and such sale may be had on such
credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086;
Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858;
Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)...
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43-2-481
Section 43-2-481 Application for sale. The application for the sale of lands for the payment
of legacies must be made by the executor by petition, verified by affidavit, to the probate
court having jurisdiction of the estate. It must describe the lands accurately and give the
names of the devisees and their places of residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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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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43-2-517
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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6-6-623
Section 6-6-623 Appointment - Partnerships; power of court to make orders relative to partnership
business, etc.; modification or vacation of appointment or orders. (a) When any partnership
shall be dissolved and the partners cannot agree upon the disposition of the partnership effects
and the settlement of the affairs of such partnership, either of them may apply to the circuit
court for the county in which either of said partners resides or in which the property of
such partnership is situated for the appointment of a receiver to hold the business and all
of the estate, both real and personal, belonging to such partnership and dispose of, manage
and apply the same as the said court may direct. Upon receiving such application, said court
shall forthwith appoint a day for the hearing upon the same and shall make such order relative
to notice of such application and of the hearing to the other partners as may be deemed proper.
The hearing shall be at least six days from the service of...
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19-3-41
Section 19-3-41 When settlements compelled; removal of trustee and appointment of successor.
If the trustee shall fail to make settlement, partial or final, as required in this article
he may be compelled to do so, by citation to be issued by the register or clerk on order of
the court, at the instance of any creditor or party interested in the trust, in all respects
as executors and administrators may be compelled to make settlements in the court of probate;
or, upon motion of a majority in value of the creditors, the court must remove such defaulting
trustee and appoint another in his stead, who may be nominated by the creditors, as provided
by this Code, for the nomination of an administrator of an insolvent estate by the creditors
thereof. (Code 1896, §4173; Code 1907, §6075; Code 1923, §10412; Code 1940, T. 58, §29.)...

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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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