43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against
sureties. Execution and all other final process may issue against the said sureties on said
bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940,
T. 61, §334.)...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months,
as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties,
must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072,
2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code
1923, §5838; Code 1940, T. 61, §233.)...
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43-2-515
Section 43-2-515 Contest of account - Withdrawal of item. The executor or administrator may,
before the decision of the court on any item, withdraw the same; but in such case he must
pay the costs of the contest as to such item. (Code 1852, §1815; Code 1867, §2150; Code
1876, §2522; Code 1886, §2146; Code 1896, §214; Code 1907, §2682; Code 1923, §5915; Code
1940, T. 61, §311.)...
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43-2-625
Section 43-2-625 Delivery of property upon confirmation. Upon the confirmation of any order
of distribution, the executor or administrator must deliver the property to the persons entitled
thereto. (Code 1852, §1798; Code 1867, §2125; Code 1876, §2502; Code 1886, §2168; Code
1896, §236; Code 1907, §2719; Code 1923, §5957; Code 1940, T. 61, §357.)...
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26-8-47
Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents
- Discharge of resident administrator, etc. Such order is a discharge of the executor, administrator,
or other person in whose possession such property may be at the time of the order made. (Code
1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381;
Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)...
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43-2-682
Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement.
Upon any annual, partial or final settlement made by any administrator or executor, the court
having jurisdiction thereof may fix, determine and allow the fees or other compensation to
which any such administrator or executor is entitled from an estate up to the time of such
settlement, and may also fix, determine and allow an attorney's fee or compensation, to be
paid from such estate to attorneys representing such administrator or executor, for services
rendered to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940,
T. 61, §379.)...
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12-21-32
Section 12-21-32 Books of account kept by deceased executor, etc. Books of account kept by
a deceased executor, administrator, guardian or trustee or entries or memoranda made by him
in the course of business or duty are admissible evidence; and, if such book or memoranda
is lost, a copy thereof, supported by the oath of the person making it, is admissible evidence.
(Code 1876, §3054; Code 1886, §2778; Code 1896, §1809; Code 1907, §3976; Code 1923, §7672;
Code 1940, T. 7, §384.)...
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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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43-2-418
Section 43-2-418 Completion, gathering and sale of crops commenced by decedent. Any crop commenced
by a decedent may be completed and gathered by the executor or administrator, and, the expenses
of the plantation being deducted therefrom, is assets in his hands, and may be sold by him
at private sale, either in or out of the state. (Code 1852, §§1750, 1901; Code 1867, §§2073,
2261, 2262; Code 1876, §§2439, 2440, 2441; Code 1886, §2098; Code 1896, §150; Code 1907,
§2614; Code 1923, §5841; Code 1940, T. 61, §236.)...
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