43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such account, any person may attend on the part of such executor or administrator and show that he is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or may show assets not accounted for, or that such executor or administrator has failed to collect any assets from want of due diligence, or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921; Code 1940, T. 61, §318.)...
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40-12-101
Section 40-12-101 Fire, closing out, etc., sales. Each person, other than the original bona fide owners, selling goods, wares, or merchandise as an insurance, bankruptcy, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal, or closing out sale, or a sale of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, shall pay a license tax of $100. The provisions of this section shall not apply to sheriffs, constables, or other public or court officers or to any other persons acting under the license, discretion, or authority of any court, state or federal, selling goods, wares, or merchandise in the course of their official duties. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §525.)...
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41-8-4
Section 41-8-4 Annual report of executive board to Governor. The executive board shall make an annual report to the Governor. The report shall show public library conditions and progress in Alabama and a statement of the expenses and activities of the Public Library Service. These annual reports shall be printed as other annual reports of the state departments and shall be distributed by the board or the director thereof. (Acts 1939, No. 171, p. 297; Code 1940, T. 55, §282; Acts 1959, No. 600, p. 1488.)...
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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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12-13-9
Section 12-13-9 Powers of probate court as to punishment for contempt. (a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both. (b) In all cases or other proceedings in the probate court of a county where the judge of probate is a licensed attorney in this state, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or other law or as provided by the common law of this state. (Code 1852, §671; Code 1867, §791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923, §9580; Code 1940, T. 13, §279; Act 2017-388, §1.)...
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43-2-708
Section 43-2-708 Second declaration by succeeding administrator not necessary. An estate of a decedent having once been declared insolvent, it shall not be necessary for any succeeding administrator to apply for or obtain a declaration or decree of insolvency; but a declaration of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual under all subsequent administrations, as if obtained under each of them. (Code 1867, §4424; Code 1876, §2589; Code 1886, §2261; Code 1896, §329; Code 1907, §2766; Code 1923, §6005; Code 1940, T. 61, §392.)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his personal representative or, in case of his removal from the state, his sureties and show that he is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or may show assets not accounted for, or that such executor or administrator has failed to collect any assets from want of due diligence, or that, by any abuse of or failure to discharge his trust, such assets, or any portion thereof, have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator or, if dead, his personal representative or, in case of his removal from the state, his sureties must be charged therewith. On such settlements, decrees must be rendered as upon like settlements voluntarily made. (Code 1852,...
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43-2-299
Section 43-2-299 Removal or additional bond on motion of court. Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he may cause a citation to be served on such executor or administrator, requiring him to appear on a day therein named, five days after service thereof, and show cause why he should not be removed, or give an additional bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor or administrator, or require him to give an additional bond; and, if an additional bond is required, on failure to give the same within the time prescribed the court may remove him. (Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886, §2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)...
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43-2-463
Section 43-2-463 Report of payment of purchase money. When lands have been sold on credit, and when the whole of the purchase money has been paid, the executor or administrator must, within 30 days after such complete payment has been made, report the fact of such payment to the court of probate. If he fails to do so within the time specified in this section, such report may be compelled of him in the manner provided by section 43-2-465. (Code 1896, §178; Code 1907, §2643; Code 1923, §5873; Code 1940, T. 61, §267.)...
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43-2-709
Section 43-2-709 Appeals. (a) Any party to the proceedings to declare an estate insolvent may appeal to the supreme court or court of civil appeals from the decree or order declaring the estate insolvent or dismissing the report within 42 days from the rendition of such order or decree in the manner provided by law for appeals from the probate court in other similar or like proceedings. (b) If an appeal has been taken on a contest as to the report of insolvency, the case must, on motion, be continued during the pendency of such appeal. (Code 1852, §1861; Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764, 2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)...
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