35-2-50
Section 35-2-50 Survey required; what plat or map must show. Any person, or his administrator,
executor or guardian, desiring to subdivide his lands into lots shall cause the same to be
surveyed by a competent surveyor, if not already surveyed, and shall cause a plat or map thereof
to be made, showing the subdivisions into which it is proposed to divide the same, giving
the length and bearings of the boundaries of each lot and its number; and, if it is the purpose
of the owner to divide the lands into town lots, such plat or map shall show the streets,
alleys, and public grounds and give the bearings, length, width, and name of each street,
as well as the number of each lot and block. Such plat or map must show the relation of the
lands so platted or mapped to the government survey. (Code 1896, §3899; Code 1907, §6028;
Code 1923, §10357; Code 1940, T. 56, §12.)...
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43-2-509
Section 43-2-509 Liability of executor or administrator for interest or profits. If any executor
or administrator uses any of the funds of the estate for his own benefit, he is accountable
for any profit made thereon or legal interest. (Code 1852, §1813; Code 1867, §2148; Code
1876, §2520; Code 1886, §2142; Code 1896, §210; Code 1907, §2675; Code 1923, §5908; Code
1940, T. 61, §304.)...
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43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
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43-2-646
Section 43-2-646 Refunding bonds - Recordation; transcript as evidence. All refunding bonds
provided for in this division must be recorded by the judge of probate and then delivered
to the executor or administrator; and a transcript of any such bond as recorded, duly certified,
is evidence to the same extent as the original would have been if produced. (Code 1852, §1784;
Code 1867, §2111; Code 1876, §2488; Code 1886, §2205; Code 1896, §273; Code 1907, §2731;
Code 1923, §5970; Code 1940, T. 61, §372.)...
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6-5-30
Section 6-5-30 Right of aggrieved person to commence action. For any breach of an official
bond or undertaking of any officer of this state, executor, administrator, or guardian or
of any bond or undertaking given in an official capacity to the state or any officer thereof,
the person aggrieved may commence an action in his own name, assigning the appropriate breach.
(Code 1852, §2154; Code 1867, §2552; Code 1876, §2917; Code 1886, §2575; Code 1896, §14;
Code 1907, §2473; Code 1923, §5682; Code 1940, T. 7, §98.)...
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35-10-25
Section 35-10-25 Executors and administrators authorized to execute releases, etc. Any executor
of a will or administrator of an estate duly appointed by the proper court shall have authority
to execute releases and discharges and may enter satisfaction on the margin of the record
of any mortgage, lien, or other encumbrance in favor of a decedent when payment of such mortgage,
lien, or encumbrance was made to said decedent in his lifetime. (Code 1923, §9025; Code 1940,
T. 47, §180.)...
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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding
bond stands as security for the executor or administrator, should the assets in his hands,
after any payment of money or delivery of property under the order of the court, prove insufficient
to pay the debts, claims and charges against the estate, and the executor or administrator
pays the same; and also as security for the creditors of the estate; and any creditor may
bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount
or value of the property received by the legatee or distributee and interest on such amount
or value from the date of its receipt; and the value of property received may be proved by
the entry of record, made according to the provisions of this division or other evidence;
and civil actions may be brought on such bond from time to time in the name of any person
aggrieved until the whole amount of the liability, as determined by this...
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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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