43-2-351
Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound
mind. The provisions of subsection (b) of section 43-2-350 do not apply to minors or persons
of unsound mind who have no legal guardian at the time of the grant of letters testamentary
or of administration; but such minors and persons of unsound mind are allowed six months after
the appointment of a guardian, or, if none be appointed, six months after the removal of their
respective disabilities, in which to present their claims. (Code 1852, §1884; Code 1867,
§2240; Code 1876, §2598; Code 1886, §2082; Code 1896, §131; Code 1907, §2591; Code 1923,
§5816; Code 1940, T. 61, §212.)...
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43-2-741
Section 43-2-741 Time and manner of filing claims - Time allowed certain minors and persons
of unsound mind. The provisions of section 43-2-740, as to the time within which claims are
to be filed, do not apply to infants and persons of unsound mind who have no legal guardian
at the time of the declaration of insolvency; but such minors and persons of unsound mind
are allowed six months after the appointment of a guardian or, if none be appointed, six months
after the removal of their respective disabilities in which to file their claims. (Code 1852,
§1848; Code 1867, §2197; Code 1876, §2569; Code 1886, §2239; Code 1896, §307; Code 1907,
§2775; Code 1923, §6014; Code 1940, T. 61, §401.)...
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43-2-448
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian. The person
appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in
writing the allegations contained in the application, and, if necessary, must employ counsel
to defend the interests of those he represents. He is entitled to reasonable compensation,
to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876,
§2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940,
T. 61, §251.)...
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43-2-452
Section 43-2-452 When depositions required. No order for the sale of land belonging to any
estate, whether for the payment of debts, or for division, must be made when there are minors
or persons of unsound mind or unknown parties interested in such estate, unless the probate
court has taken evidence by deposition, showing the necessity of such sale; and such evidence
must be taken, whether the allegations in the petition are denied or not by the guardian appointed
by the court to represent the minors or persons of unsound mind or unknown parties; and any
order of sale and sale, made without a compliance with the requisitions of this section, shall
be wholly void. (Code 1867, §2225; Code 1876, §2458; Code 1886, §2114; Code 1896, §167;
Code 1907, §2631; Code 1923, §5861; Code 1940, T. 61, §255.)...
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43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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12-22-26
Section 12-22-26 Appeals by next friends or guardians of minors or persons of unsound mind.
The next friend or general guardian of a minor or of a person of unsound mind may, in the
name of such minor or person of unsound mind, take and prosecute an appeal from any final
decree of the probate court or from any judgment, order or decree of the probate judge, on
giving security for the costs of the appeal; but a guardian ad litem may take and prosecute
an appeal without giving any security for costs of the appeal and shall not be liable personally
for costs of the appeal. (Code 1867, §2258; Code 1876, §3968; Code 1886, §3651; Code 1896,
§468; Code 1907, §2866; Code 1923, §6125; Code 1940, T. 7, §786.)...
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43-2-504
Section 43-2-504 Appointment of guardian ad litem. The court must appoint a competent attorney-at-law
as guardian ad litem to represent the interests of minors and persons of unsound mind interested
in such settlement. (Code 1852, §1803; Code 1867, §2138; Code 1876, §2510; Code 1886, §2137;
Code 1896, §205; Code 1907, §2670; Code 1923, §5903; Code 1940, T. 61, §297.)...
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42-2-4
Section 42-2-4 Appointment of guardian ad litem and counsel for infants and persons of unsound
mind. If the owner of the lands is an infant or is of unsound mind, the court, on the day
appointed for the hearing, must appoint a guardian ad litem to represent him, and the guardian
so appointed must file a written acceptance of the appointment, must appear and protect the
rights and interests of such infant or person of unsound mind and, if he deems it necessary,
may employ counsel to assist him. The compensation of such guardian and of his counsel must
be ascertained by the court and taxed as costs of the proceedings. (Code 1907, §2417; Code
1923, §3151; Code 1940, T. 59, §7.)...
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35-6-112
Section 35-6-112 Time for hearing; guardians ad litem. Upon the filing of such application,
a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties
are residents of this state, but if they are nonresidents, within 30 days thereafter; and
if any of the parties in interest are minors or persons of unsound mind, guardians ad litem
must be appointed to represent them, unless they have general guardians who will represent
them on the hearing. (Code 1876, §3323; Code 1886, §3265; Code 1896, §3190; Code 1907,
§5236; Code 1923, §9340; Code 1940, T. 47, §233.)...
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