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25-5-31
Section 25-5-31 Right of action for damages for injuries or death of employee. When personal
injury or death is caused to an employee by an accident arising out of and in the course of
his employment, of which injury the actual or lawfully imputed negligence of the employer
is the natural and proximate cause, he, or in case of death, his personal representative,
for the exclusive benefit of the surviving spouse and next of kin, shall receive compensation
by way of damages therefor from the employer; provided, that the injury or death was not caused
by the wilful misconduct of the employee or was not due to misconduct on his part, as defined
in Section 25-5-51. (Acts 1919, No. 245, p. 206; Code 1923, §7534; Code 1940, T. 26, §253.)...
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43-2-550
Section 43-2-550 Final settlement required following death, removal or resignation of executor
or administrator. When an executor or administrator dies, resigns or is removed, or his letters
are revoked, or his authority ceases from any cause, he must within one month after his authority
ceases or, in case of his death, his personal representative must or, in case of his removal
from the state, his sureties must, within six months after the grant of letters, file his
accounts, vouchers and statement of heirs and legatees for and must make final settlement
of the administration of, such executor or administrator, of which settlement notice must
be given in the same manner; and such settlement must be conducted and governed, except as
otherwise provided in this article, by the same rules and provisions of law as other final
settlements by executors or administrators. (Code 1852, §1876; Code 1867, §§2165, 2232;
Code 1876, §§2537, 2590; Code 1886, §2173; Code 1896, §241; Code 1907,...
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43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original grant
of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-5-680
Section 6-5-680 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages,
losses, indemnification, contribution, or other relief arising out of, based on, or in any
way related to asbestos, including: a. The health effects of exposure to asbestos, including
any claim for: 1. Personal injury or death. 2. Mental or emotional injury. 3. Risk of disease
or other injury. 4. The costs of medical monitoring or surveillance, to the extent these claims
are recognized under state law. b. Any claim made by or on behalf of a person exposed to asbestos,
or a representative, spouse, parent, child, or other relative of the person. c. Any claim
for damage or loss caused by the installation, presence, or removal of asbestos. (2) CORPORATION.
A corporation for profit, including a domestic corporation organized under the laws of this
state, or a foreign corporation organized under laws other...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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41-21-5
Section 41-21-5 Vesting of title to sets of code; duty of officers, employees, etc., of state
as to disposition of sets of code in custody thereof upon severance of connection with offices,
etc.; effect of failure to dispose of code in manner prescribed by section. Except those sets
of codes distributed to members of the Legislature and the Lieutenant Governor, the title
to all of the sets of the annotated code, the distribution of which to officers and offices
of the state and the several counties and municipalities thereof is provided for in this chapter,
shall forever remain in the State of Alabama and said sets shall never become the personal
property of any person or corporation, however long they shall have had possession thereof.
Officers, employees and agents of the state and of the several counties thereof to whom a
set of said annotated code is transmitted by the Secretary of State under the provisions of
this chapter, upon the severance of their connection with their...
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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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6-2-34
Section 6-2-34 Commencement of actions - Six years. The following must be commenced within
six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or
assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions
for the detention or conversion of personal property; (4) Actions founded on promises in writing
not under seal; (5) Actions for the recovery of money upon a loan, upon a stated or liquidated
account or for arrears of rent due upon a parol demise; (6) Actions for the use and occupation
of land; (7) Motions and other actions against the sureties of any sheriff, coroner, constable,
or any public officer and actions against the sureties of executors, administrators, or guardians
for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time
to be computed from the act done or omitted by their principal which fixes the liability of
the surety; (8) Motions and other actions against...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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