43-2-422
Section 43-2-422 Returns of accounts of sales. All accounts of sales of personalty made by
the executor or administrator must be returned on oath, within 30 days after such sale, and
must be recorded; and such returns may be compelled by attachment. (Code 1852, §1753; Code
1867, §2078; Code 1876, §2445; Code 1886, §2101; Code 1896, §153; Code 1907, §2617; Code
1923, §5845; Code 1940, T. 61, §241.)...
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43-2-790
Section 43-2-790 Application for order for sale - Generally. On the application of an executor
or administrator of an estate which has been declared insolvent for an order for the sale
of lands belonging to the estate for the payment of debts, he shall be allowed to obtain such
order without taking any evidence to show the necessity of such sale. (Code 1886, §2258;
Code 1896, §326; Code 1907, §2790; Code 1923, §6029; Code 1940, T. 61, §416.)...
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43-2-791
Section 43-2-791 Application for order for sale - Form and contents; verification; notice to
heirs and devisees. Such application shall be in writing, verified by affidavit, shall contain
an accurate description of the lands sought to be sold and shall set forth the names and places
of residence of the heirs or devisees and whether they are under or over the age of 19 years;
and the court shall give notice to such heirs or devisees of the filing of such application
and of the day appointed to hear the same 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, by posting notice at the courthouse door
for the same length of time and by forwarding notices to those whose places of residence are
known. If any of the heirs or devisees are unknown, they may be made parties in the manner
provided by section 43-2-447. (Code 1886, §2259; Code 1896,...
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6-6-186
Section 6-6-186 Examination of debtor as to his property, etc. (a) After answer filed on the
application of the plaintiff showing a necessity therefor, which application must be verified
by oath, the judge may order an examination of the debtor before the register or clerk or
before an examiner specially appointed, touching and concerning his property, real or personal,
moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time
and place to which he may be summoned by the register, clerk, or examiner and submit to such
examination. (b) The provisions of this section apply to any complaint filed under this article.
(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346;
Code 1940, T. 7, §901.)...
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18-2-13
Section 18-2-13 Time for payment of assessment upon grant of application; effect of failure
to make payment. If the application is granted, the applicant must, within three months thereafter,
pay to the several owners or to the judge of probate for their use, the sums severally assessed,
and a failure to make payment within such time operates as a revocation of the grant. (Code
1852, §2104; Code 1867, §2496; Code 1876, §3570; Code 1886, §3196; Code 1896, §1739;
Code 1907, §3900; Code 1923, §7519; Code 1940, T. 19, §45.)...
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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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28-4-222
Section 28-4-222 Contents and verification of petition. The petition shall state the facts
upon which the application is based and shall be verified by the affidavit of the officer
or citizen filing the action, either upon knowledge or information and belief, as the circumstances
may warrant, and, in case the petition is filed by any one of the officers named and he is
unwilling to make the affidavit, the verification may be made by any citizen or citizens in
the same manner and terms as if the petition had been filed by him or them. (Acts 1909, No.
191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4672; Code 1940, T. 29, §142.)...
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43-2-298
Section 43-2-298 Order to give additional bond. If an additional bond is required by the court,
an order must be made to that effect, allowing such time to give the same as the court may
think reasonable; and if such order is not complied with within the time prescribed, the executor
or administrator must be removed and his letters revoked. (Code 1852, §§1706, 1707; Code
1867, §§2027, 2028; Code 1876, §§2396, 2397; Code 1886, §2052; Code 1896, §99; Code
1907, §2573; Code 1923, §5796; Code 1940, T. 61, §186.)...
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43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate
court may authorize the executor or administrator, on application made and good cause shown,
to keep the real and personal estate, or any portion thereof, together for such length of
time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate,
improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902;
Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743;
Code 1923, §5982; Code 1940, T. 61, §198.)...
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43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months,
as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties,
must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072,
2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code
1923, §5838; Code 1940, T. 61, §233.)...
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