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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for
order requiring sureties to make settlement. In any case where an executor or administrator
shall die without having made a final settlement of his administration and a successor is
appointed, such succeeding executor or administrator or the heirs and distributees, legatees
or cestui que trust may, by petition to the court in which such estate is pending, have an
order requiring the sureties on such bond to make settlement of such estate in said court
after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98,
p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
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11-47-71
Section 11-47-71 Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation
of sales by probate court. (a) Whenever such a cemetery or part thereof has been abandoned
as a cemetery or place of burial for the human dead as provided for in Section 11-47-60 by
the cemetery corporation, association, corporation sole, or other person owning or controlling
the same, the parts or portions thereof in which no interments had been made and such parts
and portions thereof from which all human remains have been removed may be sold by the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
land or may be mortgaged or otherwise pledged as security for any loan or loans made to such
cemetery corporation, association, corporation sole, or other person owning or controlling
such cemetery lands. No order of any court shall be required prior to the making of any such
sale, mortgage, pledge, or other encumbrance of such lands...
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19-4-40
Section 19-4-40 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent or a custodian.
(2) FIDUCIARY ACCOUNT. An estate, a trust, a guardianship, a custodianship, an agency or any
other fiduciary relationship, including a custodianship or agency for another fiduciary or
fiduciaries. (3) BANK. A bank or trust company organized and existing under the laws of Alabama
with authority to act as a fiduciary and a national banking association with its principal
office in the State of Alabama and with authority to act as a fiduciary. (4) TREASURY SECURITY.
Any bill, note, bond, certificate of indebtedness or other evidence of indebtedness the principal
and interest of which the United States or any department, agency or...
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16-18B-14
Section 16-18B-14 Exemption from taxes; use of bonds as security; investment of funds. All
bonds (including refunding bonds) issued pursuant hereto, and the income therefrom (including
the interest income thereon) shall be free from all taxation by the state or any county, municipality,
or other political subdivision or instrumentality of the state, excepting inheritance, estate,
and gift taxes. Any bonds issued by the corporation may be used by the holder thereof as security
for any funds belonging to the state or to any instrumentality or agency of the state in any
instance where security for such deposits may be required by law. Unless otherwise directed
by the court having jurisdiction thereof, or by the document that is the source of authority,
a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity
may, in addition to any other investment powers conferred by law and with the exercise of
reasonable business prudence, invest trust and other...
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27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before the
commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
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40-7-17
Section 40-7-17 By whom property should be listed. The property of every minor shall be listed
by his guardian, if he has one; if he has no guardian, by his father, if living; if the father
is dead, by his mother, if living; if the mother is also dead or married, by the person having
it in charge; of the wife, by the husband, if living and sane, and the parties reside together;
if the husband is dead or insane, or he is not living with his wife, by the wife; of any person
for whose benefit the property is held in trust, by the trustee; of every deceased person,
by the executor or administrator, but if there be no executor or administrator by any person
having an interest in the estate of said decedent by bequest or devise or under the laws of
descent and distribution; of those whose property is in the hands of receivers, by such receivers;
of every firm or body corporate, by the partner, president, principal officer, or agent thereof;
property in the hands or custody of any public...
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