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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead
of a decedent may be sold by order of the court having jurisdiction of the estate, on petition
of executor or administrator, when the same, after being reduced to its lowest area, exceeds
$6,000 in value and when it is necessary that the same be sold for the payment of debts because
the remainder of the estate is insufficient to pay all debts and claims against the estate
and the surviving spouse or minor children fail to pay the deficiency within 30 days after
notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p.
1558, §1.)...
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8-4-3
Section 8-4-3 Applicability of rate of exchange in determining amount due and damages for nonpayment.
(a) If the amount in a bill of exchange specified is expressed in money of the United States,
the amount due thereon and the damages allowed for the nonpayment thereof must be ascertained
at the time of the demand of payment or notice of nonpayment without reference to the rate
of exchange between this state and the place on which such bill was drawn. (b) If the amount
in a bill of exchange specified is expressed in money or currency of any foreign country,
then the amount due, exclusive of the damages payable thereon, must be ascertained and determined
by the rate of exchange, or the value of such foreign currency at the time of the demand of
payment. (Code 1852, §§1539, 1540; Code 1867, §§1847, 1848; Code 1876, §§2108, 2109;
Code 1886, §§1773, 1774; Code 1896, §§887, 888; Code 1907, §§5147, 5148; Code 1923,
§§9218, 9219; Code 1940, T. 39, §§187, 188.)...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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12-21-97
Section 12-21-97 Pre-1879 documents or certified copies executed by Governor as evidence of
sale or transfer of state lands. (a) All documents executed prior to February 12, 1879, by
the Governor, in person or in his name by his secretary, purporting to convey any of the state's
lands which are ineffective as patents or conveyances because of not being executed as provided
by law or for any other reason and which recite either the payment of the purchase money for
the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the
officer authorized to receive the money acknowledging that such payment has been made shall
be admissible in evidence in any case affecting the title to such lands and shall be prima
facie evidence of any sale or transfer of said lands there recited and of the payment of the
purchase money thereof. (b) A duly certified copy of the record of any such document which
has been recorded for as much as 10 years in the office of the probate...
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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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16-60-111.11
Section 16-60-111.11 Additional powers of board. (a) The board may exercise all of the following
powers: (1) To borrow money from the United States of America or any department or agency
thereof, or from any person, firm, corporation, or other lending agency for the purchase,
construction, enlargement, or alteration of any buildings or other improvements, including
dormitories, dining halls, classrooms, laboratories, libraries, stadiums, administration buildings,
and any other buildings and appurtenances thereto suitable for use by the institution or institutions
with respect to which the borrowing is made, or for the benefit of the Alabama Community College
System or one or more of its programs, the acquisition of furniture and equipment for any
thereof, the purchase of land, the beautification of grounds, and the construction of swimming
pools, tennis courts, athletic fields, and other facilities for physical education, all for
use by such institution or institutions, and for the...
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19-3A-102
Section 19-3A-102 Definitions. As used in this chapter, the following terms are defined as
follows: (1) ACCOUNTING PERIOD. A calendar year unless another 12-month period is selected
by a fiduciary. The term includes a portion of a calendar year or other 12-month period that
begins when an income interest begins or ends when an income interest ends. (2) BENEFICIARY.
Includes, in the case of a decedent's estate, an heir, legatee, and devisee and, in the case
of a trust, an income beneficiary and a remainder beneficiary. (3) FIDUCIARY. A personal representative
or a trustee. The term includes an executor, administrator, successor personal representative,
special administrator, and a person performing substantially the same function. (4) INCOME.
Money or property that a fiduciary receives as current return from a principal asset. The
term also includes a portion of receipts from a sale, exchange, or liquidation of a principal
asset, to the extent provided in Article 4. (5) INCOME...
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25-4-32
Section 25-4-32 Requisition of moneys from trust fund. (a) Money shall be requisitioned from
the state's account in the Unemployment Compensation Trust Fund solely for the payment of
benefits and in accordance with regulations prescribed by the secretary; except, that money
credited to this state's account pursuant to Section 903 of the Social Security Act, as amended,
shall be used exclusively as provided in this section. The secretary shall from time to time
requisition from the Unemployment Compensation Trust Fund such amounts, not exceeding the
amounts standing to this state's account therein, as he deems necessary for the payment of
benefits for a reasonable future period. Upon receipt thereof the treasurer of the fund shall
deposit such moneys in the benefit payment account and shall issue his checks for the payment
of benefits solely from such benefit account. Expenditures of such moneys in the benefit payment
account and refunds for the clearing account shall not be subject to...
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40-7-20
Section 40-7-20 Separate returns to be filed in individual and fiduciary capacity. Every person
of full age and sound mind and every firm or body corporate or politic and every trustee and
receiver shall, when legally called on by the assessor, forthwith make a full, true, and distinct
statement of all real and personal property, with a correct description thereof of land and
improvements, separately, of which he is the owner or holder, individually or as guardian,
parent, husband, wife, trustee, administrator, executor, receiver, accounting officer, partner,
agent, or factor, and including all money hoarded, held, or owned on October 1 of the current
tax year or any time preceding or succeeding October 1 of the current year. (Acts 1935, No.
194, p. 256; Code 1940, T. 51, §50.)...
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41-4-62
Section 41-4-62 Refund of money paid for invalid or unissued bonds, etc. - Authorized; interest.
In cases where any person, firm or corporation has purchased or may hereafter purchase from
the state, or of its officers acting under authority or under color of authority purporting
to be conferred by an act or resolution of the Legislature of this state, bonds or securities
issued or proposed to be issued in consideration of funds or money which such person, firm
or corporation has actually paid or caused to be paid into the Treasury of the state, and
where for any reason such bonds or securities have not been paid or cannot be issued and delivered
or, if issued and delivered, have been declared invalid by the Supreme Court, such person,
firm or corporation may have the funds or money so paid into the Treasury of the state refunded,
together with interest thereon at the rate of interest said bonds or securities proposed to
bear from the date of the payment of said funds or money into the...
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