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43-2-623
Section 43-2-623 Confirming or setting aside distribution; when sale may be directed. The court,
for causes shown on such exceptions, or otherwise, may set aside such distribution and direct
another distribution or, if the same is just, may confirm it; or, if it appears from such
report that the property cannot be equitably divided without a sale of all or some portion
thereof, it may direct a sale of all or any portion of the personal property. (Code 1852,
§1796; Code 1867, §2123; Code 1876, §2500; Code 1886, §2166; Code 1896, §234; Code 1907,
§2717; Code 1923, §5955; Code 1940, T. 61, §355.)...
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6-9-88
Section 6-9-88 Sale of levied property - Perishable goods and chattels - Generally. When goods
and chattels are levied on which in their nature are perishable and in danger of immediate
waste or decay, the officer levying shall sell them at such time, on such notice and at such
place as a sound discretion may warrant, being liable for an abuse of his discretion to any
party injured. (Code 1907, §4111; Code 1923, §7826; Code 1940, T. 7, §537.)...
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11-50-261
Section 11-50-261 Additional powers of boards as to gas plants and systems. Without limiting
the powers provided for in Section 11-50-260, such waterworks board shall have the power to
acquire by purchase, construction, condemnation, or any combination thereof a plant and system
for the manufacture and distribution of gas and/or a system for the purchase and distribution
of manufactured or natural gas and shall also have the power to receive, acquire, take, and
hold, whether by purchase, sale, gift, lease, devise, or otherwise, all such real, personal,
and mixed property of any nature whatsoever as it may deem necessary or convenient for the
purchase, construction, operation, maintenance, enlargement, extension, and improvement of
a gas plant and system for the manufacture of gas and the distribution thereof or the purchase
and distribution of manufactured or natural gas, whether or not the same shall be in existence
and whether or not the same shall be publicly or privately owned, and...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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35-6-63
Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money. Such
commissioner may discharge himself from all liability for money received by him for the property
sold, by paying over the same to the judge of probate, after deducting therefrom the costs
and expenses attending the sale, including commissions to him at the same rate that executors
or administrators receive for collecting, but in no case more than $100.00; and such net proceeds
must be distributed by the judge of probate among the persons entitled thereto, according
to their respective interests. (Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code
1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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43-8-172
Section 43-8-172 Protection of bona fide purchasers, etc. Any will which is not propounded
for probate in this state within 12 months from the date of the death of the testator shall
be inoperative and void as to bona fide purchasers, mortgagees or pledgees (and those claiming
under them) of property or any interest therein from the executors, administrators, heirs
at law, devisees, distributees of the estate of such deceased or anyone claiming under them,
provided such purchasers acquire their interest in such property prior to the time such will
is propounded for probate in this state and without actual notice of such will. The provisions
of this section shall not affect the right of any beneficiary entitled thereto under any such
will to follow the proceeds from the sale of any such property in lieu of such property in
the hands of the executors, administrators, heirs at law or distributees of such estate. (Acts
1939, No. 42, p. 45; Code 1940, T. 61, §51; Code 1975, §43-1-49.)...
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6-8-30
Section 6-8-30 Power to have abstract of title made; inspection thereof by prospective purchasers;
costs of abstract. (a) Whenever any court shall order the sale of any real estate or interest
therein, the court shall have power to have an abstract of the title of the property to be
sold to be made by some competent person or company, which said abstract shall be filed with
the officer making the sale for five days before the date of the sale, and which shall be
open to the inspection and examination of any prospective purchaser. (b) The court shall fix
the compensation of the person or company making such abstract, and the amount so fixed shall
be a part of the cost and expenses of said sale and shall be paid out of the proceeds thereof.
(Acts 1915, No. 545, p. 611; Code 1923, §§6661, 6662; Code 1940, T. 7, §§348, 349.)...
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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5) To acquire
by purchase, gift or the exercise of the power of eminent domain, or by any other lawful means,
any property, whether real, personal or mixed, the acquisition of which is found by the board
to be necessary or convenient to the authority in the carrying out of the purposes for which
the authority is authorized to be organized, and to lease or convey any such property or to
cause any such property to be leased or conveyed to the United...
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35-4-303
Section 35-4-303 Execution of power by surviving or acting executors; presumption that power
not personal. Where lands are devised to one or more executors, or a naked power given by
the will to sell, the survivor or survivors, where there are more than one named in the will,
and the acting executor or executors, when any one or more of them dies, resigns, refuses
to act, or is removed by a court of competent authority, and also an administrator with the
will annexed has the same interest in and power over such lands for the purpose of making
sale thereof as the executors named in such will might have had. Unless the contrary clearly
appears by the terms of the will, it shall be presumed that the power or trust imposed is
not a personal trust or confidence. (Code 1852, §1339; Code 1867, §1609; Code 1876, §2218;
Code 1886, §1864; Code 1896, §1060; Code 1907, §3437; Code 1923, §6942; Code 1940, T.
47, §90.)...
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