15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district
court's certificate as presumptive evidence of default. If the defendant does not appear before
the district court at the time to which an examination is adjourned, the default on the undertaking
of bail shall be certified by the district court to the circuit court, and the like proceedings
must be had thereon as upon the breach of an undertaking in that court, the certificate being
presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004;
Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228;
Code 1940, T. 15, §130.)...
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15-21-32
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under
the provisions of this chapter fails to attend as required, the judge before whom the writ
of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver
it to the clerk of the circuit court of the county in which the examination is had; and the
same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement
being presumptive evidence of such default. (Code 1852, §743; Code 1867, §4294; Code 1876,
§4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940,
T. 15, §36.)...
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19-3-120
Section 19-3-120 Classes of authorized investments; repeal of conflicting statutes. (a) Unless
otherwise authorized or directed by the court having jurisdiction thereof, or by the will,
trust agreement or other document which is the source of authority, a trustee, executor, administrator,
guardian or one acting in any other fiduciary capacity, other than as a trustee governed by
the Alabama Uniform Trust Code, with the exercise of reasonable business prudence, in addition
to any other investments now permitted by law, may invest funds in securities or investments
which, at the time of the making or purchase thereof, are included in one or more of the following
classes: (1) Bonds or other interest-bearing obligations of the United States of America,
or payment of which the United States of America has guaranteed as to both principal and interest.
(2) Bonds issued by the Federal Land Bank, under the act of Congress of the United States
of America, designated as "the Federal Farm Loan...
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43-2-29
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
(a) If, after letters of administration have been granted as in case of intestacy, any will
is proved and the executor therein named appears, claims letters testamentary and complies
with the requisition of the law, the probate court having jurisdiction must revoke the letters
of administration and grant letters testamentary to such executor. (b) If, in the case provided
for by subsection (a), the sole executor or some of the executors, within five days after
the proof of such will, do not appear and take out letters testamentary thereon, a copy of
the will must be annexed to the letters of administration and must be executed by the administrator.
(Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886
§§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740;
Code 1940, T. 61, §§78, 79.)...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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35-6-60
Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents
as parties. All parties in interest must have at least 10 days' notice of the time and place
set for the hearing of such application; and when infants or persons of unsound mind are parties,
and have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they may be made parties in the same manner,
and to the same extent as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3122; Code 1876, §3516; Code 1886, §3255;
Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)...
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35-6-83
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent
the interest of such ward upon such hearing, as provided by law for the appointment of guardians
ad litem in such court. The person so appointed such guardian ad litem must deny in writing
the allegations of such report and resist the confirmation of such sale, and, if necessary,
must, with the approval of the court, employ counsel to defend the interest of the person
he so represents. He is entitled to reasonable compensation, and an allowance for reasonable
fees of such counsel as he may so employ, to be fixed by the court and taxed and collected
as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)...

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40-12-101
Section 40-12-101 Fire, closing out, etc., sales. Each person, other than the original bona
fide owners, selling goods, wares, or merchandise as an insurance, bankruptcy, mortgage, insolvent,
assignee's, executor's, administrator's, receiver's, trustee's, removal, or closing out sale,
or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, shall
pay a license tax of $100. The provisions of this section shall not apply to sheriffs, constables,
or other public or court officers or to any other persons acting under the license, discretion,
or authority of any court, state or federal, selling goods, wares, or merchandise in the course
of their official duties. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §525.)...
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