43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-293.htm - 997 bytes - Match Info - Similar pages

43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-502.htm - 2K - Match Info - Similar pages

43-2-295
Section 43-2-295 Notice by publication. If such executor or administrator is not an inhabitant
of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to
the judge, he must direct notice of such application to be given by publication 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 thereof; and the applicant must pay the
expense of such publication, which may be taxed as costs. (Code 1852, §§1701, 1702; Code
1867, §§2022, 2023; Code 1876, §§2391, 2392; Code 1886, §2049; Code 1896, §96; Code
1907, §2570; Code 1923, §5793; Code 1940, T. 61, §183.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-295.htm - 1K - Match Info - Similar pages

43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-421.htm - 1K - Match Info - Similar pages

43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-467.htm - 2K - Match Info - Similar pages

12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-21.htm - 2K - Match Info - Similar pages

43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-51.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-284.htm - 2K - Match Info - Similar pages

11-12-6
Section 11-12-6 Verification of claims by executors, trustees, etc. When a claim is filed by
an executor, administrator, guardian, or trustee, it may be verified by the affidavit of such
executor, administrator, guardian, or trustee that he believes the claim to be just, due,
and unpaid. (Code 1876, §828; Code 1886, §903; Code 1896, §1418; Code 1907, §148; Code
1923, §226; Code 1940, T. 12, §116.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-12-6.htm - 731 bytes - Match Info - Similar pages

18-2-2
Section 18-2-2 Application to probate court. For authority to erect such dam, application in
writing, verified by affidavit, must be made to the probate court of the county in which it
is proposed to erect the mill, gin, factory or electric light plant, if by the owner of the
land on both sides of the stream or if by the owner of the land on one side only, to the court
of probate of the county in which the land on the opposite side of the stream, abutting the
proposed site of the dam, lies. (Code 1852, §§2090, 2091; Code 1867, §§2482, 2483; Code
1876, §§3556, 3557; Code 1886, §3185; Code 1896, §1728; Code 1907, §3889; Code 1923,
§7508; Code 1940, T. 19, §35.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-2-2.htm - 1023 bytes - Match Info - Similar pages