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6-8-68
Section 6-8-68 Executors, administrators, and guardians in probate court. In all cases where
notice is required by law to be given to executors, administrators, and guardians in the probate
court, if affidavit shall be made that such executor, administrator, or guardian has been
absent from the state for more than three months last passed, such notice shall be given by
publication in a newspaper published in the county where such proceedings are had for two
consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15
days. (Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)...
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43-2-464
Section 43-2-464 Conveyance. After such confirmation, and when the whole of the purchase money
has been paid by the purchaser, or his heirs, or any other person holding under him, directly
or derivatively, on the application of such purchaser, or his heirs, or such other person
holding under him, or of the executor or administrator, the court must order a conveyance
to be made to such purchaser, or to his heirs, or to such other person holding under him,
as the case may be, by the executor or administrator, or such other person as the court may
appoint, conveying all the right, title and interest which the decedent had, at the time of
his death, in such lands; and such order shall operate to vest the right, title and interest
of the decedent in such purchaser, or his heirs, or such other person holding under him. (Code
1852, §1770; Code 1867, §2096; Code 1876, §2468; Code 1886, §2124; Code 1896, §179; Code
1907, §2644; Code 1923, §5874; Code 1940, T. 61, §268.)...
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35-6-89
Section 35-6-89 Sale void unless to advantage of ward and confirmed by court. (a) If, on the
hearing of the report of sale by the guardian, it shall appear to the court that the sale
of any parcel of land or realty therein set forth is not to the advantage of the ward whose
interest is so sold, the court shall order such sale set aside, whereupon the same shall become
wholly void. (b) No sale or conveyance of lands under this article shall be valid to divest
the title of the minor or person of unsound mind on whose behalf it is made, unless such sale
or conveyance shall be confirmed as provided in this article. (Code 1907, §5262; Code 1923,
§9366; Code 1940, T. 47, §228.)...
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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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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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43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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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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43-8-54
Section 43-8-54 Controversy as to advancements - Consequence of failure to answer. In case
any distributee or heir, or the legal representatives of heirs at law of any distributee or
heir alleged to have received an advancement, and on whom a citation has been personally served
as above provided, fail or neglect to return a report, as required, or fail to answer such
application, denying that he has received any advancement, such failure or neglect to report
or answer shall be considered by the probate court as prima facie evidence that such person
has received his full proportionate part of such estate. In case any nonresident against whom
publication has been made fails or neglects to return a report as required, or to answer such
application, denying that he has received any advancement, the court may proceed to take evidence
ex parte as to the matters alleged in such application. (Code 1867, §1908; Code 1876, §2272;
Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code...
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8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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