6-5-249
Section 6-5-249 Rights under this article extended to executors and administrators. (a) The
rights of redemption secured by this article may be asserted, within the time limit provided,
by (1) the executor or administrator of any debtor or by the debtor's heirs or devisees; (2)
the executor or administrator of any mortgagor or by the mortgagor's heirs or devisees; (3)
the executor or administrator of any transferees, assignees, or vendees of the debtors or
mortgagors or by their heirs or devisees; or (4) the executor or administrator of any judgment
creditor or junior mortgagee of the debtor or their transferees. (b) The rights of redemption,
secured by this article may be asserted, within the time limit provided, against (1) the executor
or administrator of any junior mortgagee or transferees or assignees of the junior mortgagee;
(2) the executor or administrator of any judgment creditor or transferees or assignees of
any judgment creditor; (3) the executor or administrator of the...
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43-2-22
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
(a) No person must be deemed a fit person to serve as executor who is under the age of 19
years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence
or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any
nonresident of the state be appointed as administrator unless he is at the time executor or
administrator of the same estate in some other state or territory or jurisdiction, duly qualified
under the laws of that jurisdiction. (b) If the person named in the will as sole executor
is or if all the persons named therein as executors are, from any of the causes enumerated
in subsection (a), unfit to serve as executor or executors, letters of administration, with
the will annexed, may be granted on the testator's estate, under the provisions of section
43-2-27. (Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876,...
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43-2-417
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.
If the purchaser fails to comply with the terms of the sale, the executor or administrator
may again proceed to advertise and sell the property. If, on another and a completed sale,
the property sells for a less sum than the amount bid at the former sale, the purchaser so
in default is liable to the executor, administrator or any person damaged for the deficiency,
and also the expense of the sale. (Code 1896, §149; Code 1907, §2613; Code 1923, §5840;
Code 1940, T. 61, §235.)...
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35-10-29
Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved
in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record,
of real or personal property to secure the payment of the purchase money recited in
such conveyance, upon the payment in full of such purchase money, the grantor, or his executor,
administrator or other person in whom the ownership of such lien is vested at the time of
the payment of such purchase money, must, on the request in writing of the grantee, his executor,
administrator or assigns, or of a judgment or other creditor of the grantee, enter the fact
of payment on the margin of the record of such conveyance in the manner as required by this
article. Such entry operates a release of such lien and is a bar to all actions thereon. If
for 30 days after such request, the grantor, or his executor, administrator or other person
in whom the ownership of such lien is vested at the time of such...
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40-10-193
Section 40-10-193 Redemption. (a)(1) Tax liens auctioned or sold may be redeemed by any of
the following: a. The owner, including a partial owner under Section 40-10-195, or his or
her heirs or personal representative. b. Any mortgagee or purchaser of the property
or any portion of the property. c. Any other person listed under subsection (a) of Section
40-10-120, if the property had been sold for taxes. (2) Property may be redeemed under subdivision
(1) by payment to the tax collecting official of the amount specified on the tax lien certificate
as the total amount of delinquent tax, interest, penalties, fees, and costs paid to purchase
the tax lien, plus interest at the rate specified in the tax lien certificate, plus any due
and owing taxes, interest, penalties, fees, and costs due. The tax collecting official shall
provide a separate receipt for any current taxes, interest, penalties, fees, or costs paid.
(b) Statutory fees paid by the holder of the tax lien certificate in...
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6-6-225
Section 6-6-225 Questions on administration of trust or estate of a decedent, etc. Any person
interested as or through an executor, administrator, trustee, guardian, or other fiduciary,
creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration
of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration
of rights or legal relations in respect thereto: (1) To ascertain any class of creditors,
devisees, legatees, heirs, next of kin, or other; (2) To direct the executors, administrators,
or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including
questions of construction of wills and other writings. (Acts 1935, No. 355, p. 777; Code 1940,
T. 7, §159.)...
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43-2-459
Section 43-2-459 Report and examination of sale - Generally. The executor or administrator
must, within 30 days after such sale, report on oath his proceedings to the court, which report
must show whether or not the executor or administrator has any personal pecuniary interest
in the sale, whether he is, directly or indirectly, a purchaser at such sale; and the court
must examine the same, and may also examine witnesses in relation thereto. (Code 1852, §1765;
Code 1867, §2091; Code 1876, §2463; Code 1886, §2119; Code 1896, §173; Code 1907, §2637;
Code 1923, §5867; Code 1940, T. 61, §261.)...
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19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee.
(2) PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or
a person who performs substantially the same function under the law governing the person's
status, and a successor to any of the above. (3) TRUST. Any express trust, with additions
thereto, wherever and however created, or any separate share of a trust, and includes any
arrangement, other than an estate, which, although not a trust, has substantially the same
effect as a trust. (4) TRUSTEE. An original, additional, or successor trustee, whether or
not appointed or confirmed by a court, and, in the case of an arrangement which is not a trust
but which is treated as a trust for purposes of the GST, includes the person in actual or
constructive possession of the property subject to such arrangement. (5) INTERNAL REVENUE
CODE....
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11-51-24
Section 11-51-24 Redemption of property after sale - Conveyance of property, etc., to redeemer.
Upon such tender by the person offering to redeem the property and the payment thereof to
the purchaser or the deposit of the sum due to the purchaser with the treasurer, the deed
executed by the register or clerk of the circuit court shall be void and, upon a refusal of
the purchaser or his vendee to reconvey to the party redeeming, the council or other governing
body may authorize a deed to be made to the party redeeming, which shall convey all title
the city or town or the purchaser derived at such tax sale, but the interest of the owner
of the property and the interest of the party redeeming shall be adjusted between the parties
as are other legal and equitable interests. (Code 1907, §1329; Code 1923, §2144; Code 1940,
T. 37, §690.)...
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35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among
them, on the written application of one or more of them to the probate court of the county
in which the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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