43-2-440
Section 43-2-440 Renting of lands. The executor or administrator may rent the decedent's lands
at public outcry, or, when the interest of the estate requires it, privately; and such rent
is assets; but when lands are rented privately, he must report such renting to the probate
court of the proper county within 30 days thereafter. (Code 1852, §1751; Code 1867, §2076;
Code 1876, §2446; Code 1886, §2102; Code 1896, §154; Code 1907, §2618; Code 1923, §5846;
Code 1940, T. 61, §242.)...
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26-13-5
Section 26-13-5 Entry of judgment relieving minor from disabilities of nonage and effect thereof
generally. If on the hearing of the evidence adduced and upon such other evidence as may be
required by the court, the court shall be satisfied that it will be to the interest of such
minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment
accordingly, and such judgment shall have the effect of investing such minor with the right
to sue and be sued, to contract, to buy, sell, and convey real estate, and generally to do
and perform all acts which such minor could lawfully do if 19 years of age, except as provided
in this chapter. (Code 1876, §2739; Code 1886, §2361; Code 1896, §833; Code 1907, §4509;
Code 1923, §8284; Code 1940, T. 27, §17.)...
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43-2-173
Section 43-2-173 Resignation and removal - Generally. (a) The general administrator may be
removed for the same causes as other administrators. Such removal may be made by the judge
of probate without notice, but the grounds thereof must be entered on the minutes of the court.
(b) The resignation of the office of general administrator shall not operate to discharge
the incumbent from the administration of any estate previously committed to his charge as
such general administrator; but he may proceed, notwithstanding such resignation, to administer
and finally settle the same, as if he had not resigned such office; and the sureties on his
bond as general administrator shall be liable for every act of maladministration on such estate
committed after his resignation, to the same extent as if he had not resigned; but he may
be removed from the administration of such estate for any of the causes prescribed by law,
or he may resign his administration thereon by leave of the probate court of...
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43-2-682
Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement.
Upon any annual, partial or final settlement made by any administrator or executor, the court
having jurisdiction thereof may fix, determine and allow the fees or other compensation to
which any such administrator or executor is entitled from an estate up to the time of such
settlement, and may also fix, determine and allow an attorney's fee or compensation, to be
paid from such estate to attorneys representing such administrator or executor, for services
rendered to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940,
T. 61, §379.)...
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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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43-2-740
Section 43-2-740 Time and manner of filing claims - Generally. Every person having any claim
against the estate declared insolvent must file the same in the office of the judge of probate
as provided by subsection (b) of section 43-2-350. Any defect or insufficiency in the affidavit
may be supplied by amendment at any time. And when, prior to the declaration of insolvency,
a claim has been filed in the office of the judge of probate, as required by said section,
such claim shall be considered as duly filed under this section. (Code 1852, §1847; Code
1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306; Code 1907, §2774; Code
1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)...
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6-10-99
Section 6-10-99 Payment by devisees to clear property of homestead right. Where a homestead
right exists in property devised by will, the person or persons to whom said property is devised
may clear the said property of such homestead right by paying to the personal representative,
in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal
representative in all respects as provided in Section 6-10-96 where land incapable of allotment
is ordered to be sold. Said personal representative shall report the payment of said funds
and how he has disposed of same to the probate court having jurisdiction of said estate, which
report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951,
No. 911, p. 1558, §1.)...
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12-11-31
Section 12-11-31 Equitable jurisdiction. The powers and jurisdiction of circuit courts as to
equitable matters or proceedings shall extend: (1) To all civil actions in which a plain and
adequate remedy is not provided in the other judicial tribunals. (2) To all cases founded
on a gambling consideration, so far as to sustain a petition for discovery and grant relief.
(3) To subject an equitable title or claim to real estate, and generally all equitable assets
to the payment of debts. (4) To such other cases as may be provided by law. (5) To establish
and define uncertain or disputed boundary lines, whether the complaint contains an independent
equity or not. (Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code
1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940,
T. 13, p. 1323, §129.)...
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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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43-2-421
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...
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