26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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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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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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6-3-9
Section 6-3-9 Venue of actions - Where prison system involved. All actions where the prison
system or the state on account of the prison system is interested must be commenced in Montgomery
County in any court having jurisdiction of the amount involved, except actions to condemn
property under Section 18-1A-271, which must be commenced in the county where the property
sought to be condemned is located. And if, on the trial of any case in any county, it is suggested
by the Board of Corrections or is otherwise shown that the state is interested on account
of the prison system, such case must be transferred to the proper court of Montgomery County.
All actions commenced under this section must be commenced in the name of the state. (Code
1886, §4650; Code 1896, §4518; Code 1907, §6570; Code 1923, §10473; Code 1940, T. 7, §62.)...

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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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40-5-38
Section 40-5-38 Death of collector. On the death of any tax collector, his personal representative,
general or special, must, out of the first moneys that come into his hands belonging to the
estate of his decedent and as soon as the same come into his hands, pay to the proper state,
county, and school officers the amount of public funds collected by such decedent not paid
over by him at the time of his death and must make settlement with such officers of any unsettled
accounts of such decedent with the state, county, and school officers touching the affairs
of his office, as soon as practicable and not later than the time when the tax collectors
are required to make settlements. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §227.)...

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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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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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