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43-2-841
Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable;
exceptions. Any sale or encumbrance to the personal representative, the personal representative's
spouse, agent or attorney, or any corporation or trust in which the personal representative
has a substantial beneficial interest, or any transaction which is affected by a substantial
conflict of interest on the part of the personal representative, is voidable by any person
interested in the estate except one who has consented after fair disclosure, unless: (1) The
will or a contract entered into by the decedent expressly authorized the transaction. (2)
The transaction is approved by the court after notice to interested persons. (3) The transaction
is otherwise authorized by law. (Acts 1993, No. 93-722, p. 1411, ยง12.)...
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5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances.
(a) The supervisor may enter into consent orders at any time with any person to resolve any
matter arising under this chapter. A consent order shall be signed by the person to whom it
is issued, or a duly authorized representative, and shall indicate agreement to the terms
contained therein. A consent order need not constitute an admission by any person that any
provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant
to this chapter has been violated, nor need it constitute a finding by the supervisor that
such person has violated any provision of this chapter or any rule, regulation, or order promulgated
or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may
seek civil or criminal penalties or compromise civil penalties concerning matters encompassed
by the consent order. (c) In cases involving extraordinary circumstances...
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34-4-27
Section 34-4-27 Privilege licenses. Each auctioneer shall annually pay one state license in
an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually
pay a county license of twenty-five dollars ($25) in each county where he or she sells by
auction. No privilege license shall be required for any apprentice auctioneer when he or she
is listed as the principal auctioneer. No license shall be required for any auctioneer who
conducts an auction, without compensation for himself or herself, where all proceeds from
the auction go to the benefit of any charitable organization. The term "auctioneer"
shall include any person selling real estate, goods, wares, merchandise, automobiles, livestock,
or other things of value at public outcry. Sales at public outcry may be made for compensation
without license involving any of the following: (1) Sales for the estate of a decedent. (2)
Sales of property conveyed by deed of trust, mortgage, judgment, or ordered to be...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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32-10-7
Section 32-10-7 Written reports of accidents; release of information. (a) Every law enforcement
officer who in the regular course of duty investigates a motor vehicle accident, either at
the time of and at the scene of the accident or thereafter by interviewing participants or
witnesses, shall, within 24 hours after completing such investigation, forward the necessary
completed written report or copy thereof of such accident to the director on the uniform accident
report form supplied by the director. Local police departments, and their contracted agents,
may retain copies of the written reports. (b) Accident reports prepared pursuant to this section
shall be made available pursuant to Section 32-2-8, to a news-gathering organization solely
for the purpose of publishing or broadcasting the news. The news-gathering organization shall
not use or distribute the report, or knowingly allow its use or distribution, for a commercial
purpose other than the news-gathering organization's...
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5-7A-43
Section 5-7A-43 Continuation of identity, obligations, etc., of state bank. Upon such conversion,
merger or consolidation becoming effective, the national bank shall be deemed to be a continuation
of the entity and of the identity of the state bank and all the rights, obligations and relations
of the state bank to or in respect to any person, estate, creditor, depositor, trustee or
beneficiary of any trust and in, or in respect to, any executorship or trusteeship or other
trust or fiduciary function shall remain unimpaired. The national bank, as of the time of
the taking effect of such conversion, merger or consolidation shall succeed to all such rights,
obligations, relations and trusts and the duties and liabilities connected therewith and shall
execute and perform each and every such trust or relation in the same manner as if the national
bank had itself assumed the trust or relation, including the obligations and liabilities connected
therewith. If the state bank is acting as...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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5-7A-22
Section 5-7A-22 Conversion of national bank, etc., into state bank - Powers and duties of bank,
stockholders, officers, etc., upon issuance of certificate. (a) When the superintendent has
given to such bank a certificate that the provisions of this article have been complied with,
such bank and all its stockholders, officers and employees shall have the same powers and
privileges and shall be subject to the same duties, liabilities and regulations, in all respects,
as shall have been prescribed for banks originally organized as banking corporations under
the laws of Alabama. (b) At the time when such conversion of the national bank into a state
bank, under the charter of the latter, becomes effective, all the property of the national
bank, including all its rights, title and interest in and to all property of whatsoever kind,
whether real, personal or mixed, and things in action, and every right, privilege, interest
and asset of any conceivable value or benefit then existing, belonging...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-7A-22.htm - 4K - Match Info - Similar pages
26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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