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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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6-5-71
Section 6-5-71 Right of action of wife, child, parent, or other person for injury in consequence
of illegal sale or disposition of liquor or beverages. (a) Every wife, child, parent, or other
person who shall be injured in person, property, or means of support by any intoxicated person
or in consequence of the intoxication of any person shall have a right of action against any
person who shall, by selling, giving, or otherwise disposing of to another, contrary to the
provisions of law, any liquors or beverages, cause the intoxication of such person for all
damages actually sustained, as well as exemplary damages. (b) Upon the death of any party,
the action or right of action will survive to or against his executor or administrator. (c)
The party injured, or his legal representative, may commence a joint or separate action against
the person intoxicated or the person who furnished the liquor, and all such claims shall be
by civil action in any court having jurisdiction thereof. (Acts...
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43-2-235
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution
of assets. The probate court may revoke the said letters at any time on due and satisfactory
proof that the supposed decedent is in fact alive, after which revocation all the powers of
the administrator shall cease, but all receipts, disbursements of assets and other acts previously
done by him shall remain as valid as if the said letters were unrevoked. The administrator
shall settle an account of his administration, down to the time of such revocation, and shall
transfer all assets remaining in his hands to the person as whose administrator he had acted
or to his duly authorized agent or attorney. Nothing in this article shall validate the title
of any person to any property or money received as widow, next of kin or heir of such supposed
decedent, but the same may be recovered from such person, provided such supposed decedent
shall make due and sufficient legal proof to the court having...
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43-2-629
Section 43-2-629 Disposition of personal estate of foreign decedent. (a) When administration
is taken out in this state on the estate of any person who, at the time of his death, was
an inhabitant of any other state or country, his personal estate, after the payment of debts
and charges on his estate, must be disposed of according to his last will, if probated in
this state and, if no such will is probated in this state, according to the law of the state
or country of which he was an inhabitant. (b) Upon the settlement of such estate and after
the payment of all debts for which the same is liable in this state, the residue of the personal
estate may be distributed and disposed of according to the provisions of subsection (a); or
it may be transmitted or paid over to the executor or administrator of the state or country
where the deceased had his domicile. (Code 1852, §§1826, 1827; Code 1867, §§2163, 2164;
Code 1876, §§2535, 2536; Code 1886, §§2153, 2154; Code 1896, §§221,...
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5-11A-5
Section 5-11A-5 Deposit of security for operation of trust business - Amount required and form;
charges against deposit. Any corporation organized and operating as a trust company or as
a bank authorized by law to do a trust business may deposit with the State Treasurer or elsewhere
United States bonds, bonds, notes or debentures of any federal agency such as a federal land
bank, banks for cooperatives, Farm Home Administration, Federal National Mortgage Association,
etc., Alabama bonds, bonds of any city or county in the State of Alabama or mortgages which
are first liens on real estate, worth in each case double the face of the mortgage, situated
in this state, to an amount not less than $25,000.00, and may increase said deposit from time
to time or reduce the same to an amount not less than $25,000.00, or may withdraw the deposit
entirely, provided such trust companies or banks have made final settlement and accounted
for all assets in their possession and under their control by...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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41-9-85.1
Section 41-9-85.1 Definitions. As used in this division, the following terms shall have the
following meanings: (1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime
or a representative of the individual. (2) EARNED INCOME. Income derived from an individual's
own labor or active participation in a business. The term does not include income from dividends
or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds and property received from any
source by a convicted individual. The term includes funds that a superintendent, sheriff,
municipal official, or other correctional official receives on behalf of a convicted individual
and deposits into the individual's inmate or prisoner account to the credit of the individual.
The term does not include funds from child support payments and earned income, except any
income defined as profits from a crime. (4) PERSON. An individual, corporation, estate, partnership,
association, or other legal entity, or representative of such....
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9-17-1
Section 9-17-1 Definitions. Unless the context otherwise requires, the following terms shall
have the following meanings: (1) BOARD. The State Oil and Gas Board created by this article.
(2) DEVELOPED AREA or DEVELOPED UNIT. A drainage unit having a well completed thereon which
is capable of producing oil or gas in paying quantities; however, in the event it is shown
and the board finds that a part of any unit is nonproductive, then the developed part of the
unit shall include only that part found to be productive. (3) DRAINAGE OR PRODUCTION UNIT.
The area in a pool which may be drained efficiently and economically by one well. (4) DRILLING
UNIT. An administrative unit established by the board to provide and allow for the drilling
of a well. Prior to establishment of a field and drainage or production unit within the field,
the board may establish a drilling unit to allow for the drilling of a well in search of oil
and gas. (5) FIELD. The general area which is underlain or appears to be...
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