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43-2-86
Section 43-2-86 Additional bond of general administrator. An additional bond may also be required
of the general administrator, whenever the judge of probate deems it necessary to secure the
interests of the estate confided to his charge or the sureties may be unwilling to remain
longer bound; and, if he fails to give such bond within the time prescribed by the court,
he must be removed and his letters revoked; and when any person interested in an estate committed
to the general administrator shall give notice in writing to the judge of probate that the
interest of the estate requires that the general administrator should give an additional bond,
such judge must require him to give such bond; and if, in such case, the judge of probate
fails or omits to require such bond and loss thereby results to anyone interested, he and
the sureties on his official bond shall be responsible therefor. (Code 1852, §1711; Code
1867, §2032; Code 1876, §2401; Code 1886, §2055; Code 1896, §102; Code...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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19-3-40
Section 19-3-40 Sale of real estate; notice to creditors. The trustee may make sale of any
real estate or interest therein belonging to the trust estate, at public outcry to the highest
bidder, after giving notice thereof by publication once a week for three successive weeks
in a newspaper published in the county where the real estate is situated, or, if there be
no such paper, by posting notice at the courthouse door for the same length of time; and of
such sale the trustee must also give notice by mail, postage prepaid, to each creditor, in
time to reach him 10 days before the day of sale. But nothing contained in this section shall
prevent the assignee from exercising the powers of sale or other powers conferred by the deed
of assignment, unless specially restrained from so doing by an order made in writing by the
circuit judge and filed in the court. (Code 1896, §4172; Code 1907, §6074; Code 1923, §10411;
Code 1940, T. 58, §28.)...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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35-11-213
being a sufficient description where the property is located in a city or town, and the name
of the owner or proprietor thereof; but no error in the amount of the demand or in the name
of the owner or proprietor, shall affect the lien. Unless such statement is so filed the lien
shall be lost. Said verified statement may be in the following form, which shall be deemed
sufficient: State of Alabama, County of _____ _____ files this statement in writing, verified
by the oath of _____, who has personal knowledge of the facts herein set forth: That
said _____ claims a lien upon the following property, situated in _____ county, Alabama, to
wit: ___ ___ This lien is claimed, separately and severally, as to both the buildings and
improvements thereon, and the said land. That said lien is claimed to secure an indebtedness
of $____ with interest, from to wit _____ day of _____, 19__, for ___ The name of the owner
or...
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35-11-451
Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement
of lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed
upon by and between the broker and his or her client, upon commercial real estate or any interest
therein which is subject to and described in the brokerage agreement and owned by a client
or by a party whose commercial real estate may be liened if different from the client who
has received written notice from the broker in conformity with subsection (f) prior to obtaining
an interest in the commercial real estate through a purchase, lease, or conveyance. Commercial
real estate, or an interest therein, acquired by a person other than a client prior to receipt
of the notice from the broker required by this division is not subject to the lien provided
by this division. The lien shall arise: (1) Upon the satisfaction of each of: a. Conveyance
of the commercial real estate identified in and subject to the...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond
requesting that the estate of such deceased surety be discharged from future liability by
reason of such suretyship, the court shall give to such executor or administrator notice of
such application and require him, within 15 days after the service of the notice, to make
a new bond; and upon the failure to make such bond, such executor or administrator shall be
removed and his letters revoked; and upon such removal he shall make settlement of his administration.
Any number of persons having the right to make application under this section may join in
the application. (b) When a new bond is given under subsection (a) of this...
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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal
representative or of an heir or devisee of a deceased surety upon such bond requesting that
the estate of such deceased surety be discharged from future liability by reason of such suretyship,
it shall be the duty of the court to give such conservator notice of such application and
to require him or her, within 15 days after the service of the notice, to make a new bond.
Upon the failure to make such bond, such conservator shall be removed and his or her letters
revoked and upon such removal he or she shall make settlement of his or her conservatorship.
Any number of persons having the right to make application under this...
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