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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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6-9-193
Section 6-9-193 Issuance of execution in favor of personal representative or successor without
revival. When a plaintiff dies after the entry of a judgment in his favor and such judgment
is unsatisfied, execution may issue thereon in favor of the personal representative of such
deceased plaintiff, and in like manner when a judgment is entered in favor of an executor,
administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases
from any cause, execution may issue in favor of the successor without a revival. (Code 1867,
§2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923,
§7864; Code 1940, T. 7, §575.)...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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43-2-46
Section 43-2-46 Postponing issuance of letters during time for appeal. When there are contesting
applicants for letters testamentary or of administration, no letters must issue until the
time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken,
no letters in chief must be granted until the appeal is finally disposed of; but a special
administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876,
§2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940,
T. 61, §88.)...
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8-9-2
Section 8-9-2 Certain agreements void unless in writing. In the following cases, every agreement
is void unless such agreement or some note or memorandum thereof expressing the consideration
is in writing and subscribed by the party to be charged therewith or some other person by
him thereunto lawfully authorized in writing: (1) Every agreement which, by its terms, is
not to be performed within one year from the making thereof; (2) Every special promise by
an executor or administrator to answer damages out of his own estate; (3) Every special promise
to answer for the debt, default or miscarriage of another; (4) Every agreement, promise or
undertaking made upon consideration of marriage, except mutual promises to marry; (5) Every
contract for the sale of lands, tenements or hereditaments, or of any interest therein, except
leases for a term not longer than one year, unless the purchase money, or a portion thereof
is paid and the purchaser is put in possession of the land by the seller;...
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35-10-29
Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved
in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record,
of real or personal property to secure the payment of the purchase money recited in such conveyance,
upon the payment in full of such purchase money, the grantor, or his executor, administrator
or other person in whom the ownership of such lien is vested at the time of the payment of
such purchase money, must, on the request in writing of the grantee, his executor, administrator
or assigns, or of a judgment or other creditor of the grantee, enter the fact of payment on
the margin of the record of such conveyance in the manner as required by this article. Such
entry operates a release of such lien and is a bar to all actions thereon. If for 30 days
after such request, the grantor, or his executor, administrator or other person in whom the
ownership of such lien is vested at the time of such...
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8-5-28
Section 8-5-28 Action to charge endorser or assignor on contracts assigned by writing and not
covered by Uniform Commercial Code - When holder of contract excused from bringing action,
obtaining judgment, etc. The holder of an endorsed or assigned contract which is not governed
by the Uniform Commercial Code is excused from bringing an action, obtaining the judgment,
and issuing the execution thereon when: (1) The maker has no known place of residence in the
state; (2) By the use of ordinary diligence such residence cannot be ascertained; (3) The
action has been commenced in the county of the residence of the maker and a summons to the
first and next succeeding court returned not found by the proper officer; (4) A judgment against
the maker has been defeated, in whole or in part, by a defense to the merits of such contract
or writing or a setoff against any other than the endorsee or assignee; (5) Any defense, except
a setoff to the merits of such contract or writing, exists which...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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10A-4-3.02
Section 10A-4-3.02 Death or disqualification of shareholder. (a) Upon the death of a shareholder
of a domestic professional corporation, or if a shareholder of a domestic professional corporation
becomes a disqualified person, or if shares of a domestic professional corporation are transferred
by operation of law or court decree to a disqualified person, the shares of the deceased shareholder
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
shall be purchased or redeemed by the domestic professional corporation to the extent of funds
which may be legally made available for the purchase. (b) If the price for the shares is not
fixed by the governing documents of the domestic professional corporation or by private agreement,
the domestic professional corporation, within six months after the death or 30 days after
the disqualification or transfer, as the case may be, shall make a written offer to pay for
the shares at a specified price...
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