19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment, delivery,
transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed
in section 43-2-694 shall be discharged and released to the same extent as if made to a personal
representative of the decedent, and he shall not be required to see the application thereof
or to inquire into the truth of any statement in the affidavit if made by any other person.
If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue
any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer
or issuance compelled in an action brought for such purpose by or on behalf of the person
entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared
by such sections. Any person to whom payment, delivery, transfer or issuance is made shall
be answerable and accountable therefor to any personal...
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16-28-15
Section 16-28-15 Absence must be explained. Every parent, guardian, or other person having
control or charge of any child required to attend public school, private school, or church
school, shall as soon as practical explain the cause of any absence of the child under his
control or charge which was without permission of the teacher, and a failure to furnish such
explanation shall be admissible as evidence of such child being a truant with the consent
and connivance of the person in control or charge of said child, unless such person can show
to the reasonable satisfaction of the court that he had no knowledge of such absence and that
he has been diligent in his efforts to secure the attendance of such child. (School Code 1927,
§308; Code 1940, T. 52, §305; Acts 1982, No. 82-218, p. 260, §7.)...
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26-2A-106
Section 26-2A-106 Acceptance of appointment; consent to jurisdiction. By accepting appointment,
a guardian submits personally to the jurisdiction of the court in any proceeding relating
to the guardianship that may be instituted by any interested person. Notice of any proceeding
must be delivered or mailed to the guardian at the address listed in the court records and
at the address as then known to the petitioner. (Acts 1987, No. 87-590, p. 975, §2-207.)...

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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-411
Section 43-2-411 Notice of application. Notice of such application must be given to some person
adversely interested in such manner, and for such length of time, not less than three weeks,
as the judge of probate may require; but when the property is perishable, and it is so specified
in the application, no notice is required if the judge is satisfied of the truth of the allegations
contained in the application. (Code 1867, §2068; Code 1876, §2434; Code 1886, §2093; Code
1896, §143; Code 1907, §2607; Code 1923, §5833; Code 1940, T. 61, §229.)...
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43-8-166
Section 43-8-166 Notice to surviving spouse and next of kin - Persons outside state. If either
the surviving spouse or next of kin reside and are without the state, notice of such application
must be given by publication once a week for three successive weeks in a newspaper published
in the county in which such application is made, and if no paper is published therein, by
posting of the same at the courthouse three weeks before such application is heard. In lieu
of the notice herein provided, notice may be had on such persons as provided by the Alabama
Rules of Civil Procedure. (Code 1852, §1633; Code 1867, §1952; Code 1876, §2316; Code 1886,
§1988; Code 1896, §4286; Code 1907, §6195; Code 1923, §10624; Code 1940, T. 61, §50;
Code 1975, §43-1-43.)...
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35-6-110
Section 35-6-110 Crops subject to partition; by whom application made. Matured crops of corn,
cotton, or other produce, raised and made by persons in such manner as to make them joint
owners or tenants in common therein, whether gathered or ungathered, may be divided among
them, on the written application of any one or more of them to the probate court of the county
in which such crops, or any portion thereof, are situated; and such application may be made
by the administrator or executor of a deceased person, or by the guardian of a minor or person
of unsound mind interested in such crops. (Code 1876, §3521; Code 1886, §3263; Code 1896,
§3188; Code 1907, §5234; Code 1923, §9338; Code 1940, T. 47, §231.)...
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35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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