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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43-2-375
Section 43-2-375 Payment of debts not due. Any debt not due, which has been presented, may
be paid by an executor or administrator after six months from the grant of letters, and the
provisions of section 43-2-374 include such debts; but such payment must not be made unless
the creditor accepts, in discharge of such debt, such an amount as, with interest from the
day of payment to the day when such debt is due, would make the amount thereof. (Code 1852,
§1791; Code 1867, §2118; Code 1876, §2495; Code 1886, §2087; Code 1896, §137; Code 1907,
§2601; Code 1923, §5826; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §222.)...
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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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43-2-133
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions. When
any civil action has been commenced by or against the personal representative of a decedent,
the same may be prosecuted by or against any succeeding executor or administrator, who may,
on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code
1886, §2265; Code 1896, §333; Code 1907, §2805; Code 1923, §6044; Code 1940, T. 61, §121.)...

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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-297
Section 43-2-297 Costs. If the application is determined against the applicant, he, otherwise
the executor or administrator, must be taxed with the costs, for which execution may be issued.
(Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98;
Code 1907, §2572; Code 1923, §5795; Code 1940, T. 61, §185.)...
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43-2-810
Section 43-2-810 Continuance upon showing of insolvency. During the progress of any civil action
against an executor or administrator, he may show that such estate has been reported insolvent;
and, upon such showing, the case must be continued until the final disposition of such report.
(Code 1852, §1858; Code 1867, §2207; Code 1876, §2579; Code 1886, §2249; Code 1896, §317;
Code 1907, §2793; Code 1923, §6032; Code 1940, T. 61, §419.)...
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43-8-53
Section 43-8-53 Controversy as to advancements - Contest of answer. Upon the rendition of the
report or answer of the distributee or heir alleged to have received an advancement, or of
his legal representatives or heirs, if deceased, if the executor or administrator, or any
of the parties interested in such estate are not satisfied with the report or answer, on the
ground that the same does not set forth all the property received or advanced, or does not
set forth the true value of the property at the time it was received or advanced, or is not
satisfied that the report or answer is true, then, in either case, such party may file objections
thereto, stating the grounds of the objections, and the judge of probate must set a day, at
such time as he may think proper, for hearing and determining, according to the evidence,
as to the amount of property advanced, the time when advanced, and its value when received.
He must give all the parties interested notice of such objections, and of the...
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43-2-559
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts
of deceased or outgoing executors or administrators provided for in this division do not prevent
any action by the remaining or succeeding executor or administrator, or by any other person
entitled thereto, against such executor or administrator or his personal representative for
any property remaining in his hands or for any other cause of action. (Code 1852, §1882;
Code 1867, §2238; Code 1876, §2596; Code 1886, §2182; Code 1896, §250; Code 1907, §2701;
Code 1923, §5934; Code 1940, T. 61, §329.)...
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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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