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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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34-3-86
Section 34-3-86 Causes of removal of attorney. An attorney must be removed for the following
causes by the circuit court: (1) Upon his or her being convicted of a felony other than manslaughter
or of a misdemeanor involving moral turpitude, in either of which cases the record of his
or her conviction is conclusive evidence. (2) When any judgment is rendered against him or
her for money collected by him or her as attorney, upon which judgment an execution has issued
and been returned no property, in which case the record of the judgment and execution is conclusive
evidence. (Code 1852, §747; Code 1867, §881; Code 1876, §799; Code 1886, §869; Code 1896,
§595; Code 1907, §2991; Code 1923, §6256; Code 1940, T. 46, §49.)...
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43-2-701
Section 43-2-701 Report of insolvency - Generally. Whenever the executor or administrator of
any estate is satisfied that the property of the estate is insufficient to pay its debts,
he must file with the judge of probate of the court having jurisdiction of the estate a report
in writing that such estate is, to the best of his knowledge and belief, insolvent. (Code
1852, §1829; Code 1867, §2178; Code 1876, §2550; Code 1886, §2223; Code 1896, §291; Code
1907, §2756; Code 1923, §5995; Code 1940, T. 61, §382.)...
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9-12-7
Section 9-12-7 Proceedings as to violations of chapter - Bonds for stay of sale of condemned
boats, etc., pending appeal. The sale of the boat or vessel is not stayed by an appeal unless
the appellant enters into a bond in a penalty of twice the value of the boat or vessel, her
tackle, etc., the value to be determined by the judge of the district court, with sufficient
surety, payable to the State of Alabama, with condition to prosecute the appeal to effect.
The bond must be returned, with the other papers in the case, to the circuit court; and, if
the judgment of the district court is affirmed, judgment shall be rendered against all the
obligors therein for the amount of the fines not paid and for the value of the boat, her tackle,
etc., to be ascertained by proof, as well as the costs of the circuit court. (Code 1852, §1126;
Code 1867, §1306; Code 1876, §1614; Code 1886, §4725; Code 1896, §5580; Code 1907, §7501;
Code 1923, §5109; Code 1940, T. 8, §170.)...
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10A-2-14.33
Section 10A-2-14.33 Decree of dissolution. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If after a hearing
the court determines that one or more grounds for judicial dissolution described in Section
10A-2-14.30 exist, it may enter a decree dissolving the corporation and specifying the effective
date of the dissolution, and the clerk of the court shall deliver a certified copy of the
decree to the judge of probate, who shall file it. (b) After entering the decree of dissolution,
the court shall direct the winding up and liquidation of the corporation's business and affairs
in accordance with Section 10A-2-14.05 and the notification of claimants in accordance with
Sections 10A-1-9.21 and 10A-1-9.22. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-14.33; amended
and renumbered by Act 2009-513, p. 967, §149.)...
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11-41-26
Section 11-41-26 Rendition of decree of forfeiture and dissolution; appeal from same. If, upon
such hearing, it shall appear that one of the grounds of forfeiture enumerated in section
11-41-24 exists, the probate judge shall render a decree declaring such charter forfeited
and such municipality dissolved, and from any decree rendered under this section any citizen
of the town or person filing such petition may appeal to the circuit court upon giving bond
for cost of such appeal. (Acts 1919, No. 517, p. 739; Code 1923, §2332; Code 1940, T. 37,
§23.)...
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43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has
been fully administered and it is shown by the executor or administrator, by the production
of satisfactory vouchers, that he has paid all sums of money due from him and delivered up,
under the order of the court, all the property of the estate to the parties entitled and performed
all the acts lawfully required of him, the court must make a judgment or decree discharging
him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T.
61, §362.)...
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43-8-200
Section 43-8-200 Contest in circuit court after admission to probate - Parties; conclusiveness
of judgment. In the event a contest of the probate of a will is instituted in the circuit
court, as is or may be authorized by law, all parties interested in the probate of the will,
as devisees, legatees or otherwise, as well as those interested in the testator if he had
died intestate, as heirs, distributees or next of kin, shall be made parties to the contest;
and if there be minors or persons of unsound mind interested in the estate or in the probate
of the will, they shall be represented by their legal guardian, if such they have; if they
have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to
represent their interest in the contest, and the final judgment in such contest proceedings
shall be conclusive as to all matters which were litigated or could have been litigated in
such contest; and no further proceedings shall ever be entertained in any courts...
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45-28-84
Section 45-28-84 Filing fee for mental health program. (a) The Probate Judge of Etowah County
shall charge a fee of two dollars ($2) for filing for record or for recording each and every
instrument, paper, writing, document, or decree in his or her office, including each real
estate instrument, real estate mortgage, warranty deed, power of attorney, quitclaim deed,
judgment, timber deed, deed/executive deed, subordination agreement, agreement, land lease,
partial release/release, affidavit, official bond, plat, oath of office, bill of sale, custodian
bond, declaration of trust, financing statement, transfer, assignment, satisfaction, bond
of indemnity, declaration of vacation, lis pendens notice, order approving trustees bond,
and excerpts of minutes. This fee shall not apply to judicial matters filed in the probate
court section of the Probate Court of Etowah County nor shall the additional fee apply to
marriage licenses. (b) By the tenth of the month following collection, all funds...
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12-13-3
Section 12-13-3 When courts deemed open for granting of letters testamentary, etc., and making
of orders grantable as matter of course; limitation period for setting aside or amendment
of orders or decrees and reopening of cases. The probate court shall at all times be considered
as open, except on Saturdays, Sundays and holidays, with authority to do all things needful
in relation to granting letters testamentary or of administration or guardianship and all
matters pertaining thereto and making all other necessary orders which are grantable as a
matter of course. In all cases, any order or decree may be set aside or amended and the case
reopened within 30 days after the rendition thereof by the judge of the court in which said
decree was rendered or said order was made. (Code 1852, §673; Code 1867, §795; Code 1876,
§701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts 1932,
Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)...
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