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10A-9A-6.01
but this subsection (6) shall not apply to a person who is the sole remaining limited partner
of the limited partnership; (7) in the case of a person that is a trust or is acting as a
limited partner by virtue of being a trustee of a trust, the trust's entire transferable interest
in the limited partnership is distributed, but not solely by reason of the substitution of
a successor trustee; (8) in the case of a person that is an estate or is acting as a limited
partner by virtue of being a personal representative of an estate, the estate's entire
transferable interest in the limited partnership is distributed, but not solely by reason
of the substitution of a successor personal representative; (9) in the case of a person
that is not an individual, the legal existence of the person otherwise terminates; (10) the
transfer of a limited partner's entire remaining transferable interest to another partner;
(11) the transfer of a limited partner's entire remaining transferable interest to a...
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19-3A-102
chapter, the following terms are defined as follows: (1) ACCOUNTING PERIOD. A calendar year
unless another 12-month period is selected by a fiduciary. The term includes a portion of
a calendar year or other 12-month period that begins when an income interest begins or ends
when an income interest ends. (2) BENEFICIARY. Includes, in the case of a decedent's estate,
an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder
beneficiary. (3) FIDUCIARY. A personal representative or a trustee. The term includes
an executor, administrator, successor personal representative, special administrator,
and a person performing substantially the same function. (4) INCOME. Money or property that
a fiduciary receives as current return from a principal asset. The term also includes a portion
of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided
in Article 4. (5) INCOME BENEFICIARY. A person to whom net income of a trust is...
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19-3B-505
must be presented. If the person fails to present the claim in writing within 90 days from
the date of the notice, then the person shall be forever barred from asserting or recovering
on the claim from the trustee, the trust property and the creditors and beneficiaries of the
trust. Any person who presents a claim on or before the date specified in the notice may not
later increase the claim following the expiration of the 90-day period. (3) If a claim is
not presented in writing to the personal representative of the settlor's estate or
to the trustee (i) within six months from the date of the appointment of the initial personal
representative of the settlor's estate, or (ii) if no personal representative is appointed
within six months from the settlor's date of death and a claim is not presented in writing
to the trustee within six months from the settlor's date of death, then no trustee shall be
chargeable for any assets that the trustee may pay or distribute in good faith in...
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9-11-91.1
Section 9-11-91.1 Unauthorized fishing from or near fish farm. (a) It shall be unlawful for
any person to fish or take fish from any fish farm except with the consent of the owner thereof.
Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed
to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment which
has been or is used for illegal fishing shall be contraband, and, in the discretion of the
circuit court may be forfeited to the county wherein the violation occurred, as provided by
law. A commercial fish pond shall be posted with signs which are readable from the public
right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish
laws of this state who apprehends any person violating the provisions of this section, or
who finds any vehicle which is being or has been used in illegal fishing shall seize the vehicle
and any fishing tackle and other fishing equipment found in the possession...
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9-17-153
Section 9-17-153 Protection against pollution and escape of gas; property rights. (a) The board
shall issue such orders, rules and regulations as may be necessary for the purpose of protecting
any such storage facility against pollution, invasion, and the escape or migration of gas
therefrom, including such necessary orders, rules and regulations as may pertain to the drilling
into or through such storage facility. (b) Any and all hydrocarbons which are within the storage
facility on May 21, 1992 and at all times thereafter and which have been acquired by the storage
operator by condemnation or otherwise and any and all gas injected into said facility by the
storage operator shall be deemed the property of the storage operator, his heirs, successors
and assigns, and in no event shall such hydrocarbons or injected gas be subject to the right
of the owner of the surface of the lands or of any mineral interest therein under which such
storage facility shall lie or be adjacent to or of any...
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11-47-65
Section 11-47-65 Voluntary removal of remains by relative or friend of person interred or by
owner of plat or lot; affidavit of person removing remains. At any time prior to the removal
by said cemetery corporation, association, corporation sole or other person owning or controlling
said cemetery lands of the remains of any person buried therein, any relative or friend of
said person may voluntarily remove such remains and dispose of the same as he may desire;
provided, that the person desiring to cause such removal shall, prior to such removal, deliver
to said cemetery corporation, association, corporation sole or other person owning or controlling
such cemetery an affidavit duly sworn to before an officer qualified to administer oaths stating
the name of the person whose remains it is desired to remove and further stating, so far as
is known to the affiant, the date of burial of such remains and the names and places of residence
of the heirs at law of such deceased person. In the...
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19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
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35-11-210
Section 35-11-210 Lien declared. Every mechanic, person, firm, or corporation who shall do
or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste
disposal services and equipment, or machinery for any building or improvement on land, or
for repairing, altering, or beautifying the same, under or by virtue of any contract with
the owner or proprietor thereof, or his or her agent, architect, trustee, contractor, or subcontractor,
upon complying with the provisions of this division, shall have a lien therefor on such building
or improvements and on the land on which the same is situated, to the extent in ownership
of all the right, title, and interest therein of the owner or proprietor, and to the extent
in area of the entire lot or parcel of land in a city or town; or, if not in a city or town,
of one acre in addition to the land upon which the building or improvement is situated; or,
if employees of the contractor or persons furnishing material to him...
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40-29-30
Section 40-29-30 Legal effect of certificate of sale of personal property and deed of
real property. (a) Certificate of sale of property other than real property. In all cases
of a sale of property (other than real property) pursuant to Section 40-29-26, the certificate
of such sale: (1) AS EVIDENCE. Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his proceedings in making the
sale; and (2) AS CONVEYANCES. Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and (3) AS AUTHORITY FOR TRANSFER OF
CORPORATE STOCK. If such property consists of stocks, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be authority to such corporation,
company, or association to record the transfer on its books and records in the same manner
as if the stocks were transferred or assigned by the party holding the same, in...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate
a proceeding for summary distribution of the estate by filing a verified petition in the office
of the judge of probate of the county in which the decedent was domiciled at death alleging
the conditions provided in subsection (b). The petition shall include a description of the
estate of the decedent. No bond shall be required to be filed with the petition. (b) The surviving
spouse or distributee shall have a defeasible right to the personal property of the
decedent without awaiting the appointment of a personal representative or the probate
of a will if all of the following conditions exist: (1) The value of the entire estate does
not exceed twenty-five thousand dollars ($25,000). This figure shall be adjusted annually
for...
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