43-2-641
Section 43-2-641 Authorization to make distribution - Distribution by court after six months
from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution
out of the assets of the decedent, on the application of any person entitled to distribution,
after six months from the grant of letters. (b) The order of the court, made after six months
from the grant of letters on the application of any legatee or person entitled to distribution,
is a protection to the executor or administrator, to the extent of the amount or value of
the legacy or share ordered to be paid or distributed. (Code 1852, §§1778, 1789; Code 1867,
§§2105, 2116; Code 1876, §§2482, 2493; Code 1886, §§2199, 2209; Code 1896, §§267,
277; Code 1907, §§2725, 2735; Code 1923, §§5964, 5974; Acts 1931, No. 727, p. 841; Code
1940, T. 61, §§366, 376.)...
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19-3-22
Section 19-3-22 Hearing; order. On the day appointed, or on any other day to which such application
may be continued, if it appears that the applicant has a real, bona fide interest in the administration
of the trust, and that by the terms thereof, the trustee is not required to give bond with
surety, and that a majority in number and interest of all the creditors for whose benefit
such trust may be created do not oppose such application, the register or clerk must make
and enter an order requiring such trustee to give bond with at least two good and sufficient
sureties, payable to such register or clerk, in such sum as the register or clerk may prescribe,
subject to change on application to the judge, with condition for the faithful discharge of
all the duties of such trustee, which bond must be approved, filed and recorded in his office.
(Code 1886, §3551; Code 1896, §4154; Code 1907, §6056; Code 1923, §10393; Code 1940, T.
58, §10.)...
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35-6-46
Section 35-6-46 Oath of commissioners; duties generally. The commissioners must be sworn faithfully
to execute the trust reposed in them, and to make the division or partition fairly and impartially,
if the same can be made; and the division or partition shall be conducted in all respects,
as nearly as may be, consistently with the provisions of this article, as is done when property
in the hands of an executor or administrator is to be distributed or divided; and in case
of application for partition of lands, the commissioner must, after examining the lands, and
a survey thereof, if necessary, proceed without delay to make division thereof into the necessary
number of shares, having regard to the quality of the soil, and other advantages, so as to
make the different shares as nearly equal in value as practicable; and they must make a plat
and map thereof, showing the subdivisions of the lots, and numbering them progressively; and
subdivisions and boundaries of the lots, and numbering...
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35-6-60
Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents
as parties. All parties in interest must have at least 10 days' notice of the time and place
set for the hearing of such application; and when infants or persons of unsound mind are parties,
and have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they may be made parties in the same manner,
and to the same extent as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3122; Code 1876, §3516; Code 1886, §3255;
Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)...
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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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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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35-6-43
Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
Upon the filing of the application, a day not less than 30 days thereafter must be appointed
for hearing the same; and of the time and place of such hearing, all parties in interest must
have at least 10 days' notice; and when infants or persons of unsound mind are parties, if
they have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they must be made parties in the same
manner, and to the same extent, as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3107; Code 1876, §3501; Code 1886, §3240;
Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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26-8-41
Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Application, etc., for order of removal. The application
for the order of removal must be made in writing, signed by the parent, guardian, or other
person having legal custody of the minor or ward, verified by affidavit and accompanied by
a transcript, duly certified, of the appointment of a conservator for such minor or ward by
a court of competent jurisdiction in the state of the residence of the parent, guardian, or
other person having legal custody of the minor and of the bond of such conservator with sureties
approved by such court; provided, that if the conservator so appointed is a corporate fiduciary
which, under the laws of the state wherein appointed, is not required to make bond, a certificate
from the appointing authority stating this may be filed in lieu of a copy of the conservator's
bond. (Code 1886, §2490; Code 1896, §2375; Code 1907,...
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