6-5-262
Section 6-5-262 Trespass - Generally. Any abuse of or damage done to the personal property
of another unlawfully is a trespass for which damages may be recovered. (Code 1907, §2463;
Code 1923, §5669; Code 1940, T. 7, §93.)...
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35-4-321
Section 35-4-321 Application to compel conveyance - Generally. If the personal representative
refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be
compelled so to do by application to the judge of probate of the county in which letters testamentary
or of administration were granted. (Code 1852, §1346; Code 1867, §1616; Code 1876, §2225;
Code 1886, §1872; Code 1896, §1070; Code 1907, §3442; Code 1923, §6947; Code 1940, T.
47, §37.)...
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41-9-64
Section 41-9-64 Claims for death to be made by personal representative; distribution of proceeds
of claim. Claims for death shall be made by the personal representative, who shall distribute
the proceeds of the claim in the same manner as is provided by law with respect to damages
awarded for death by wrongful act. (Acts 1935, No. 546, p. 1164; Acts 1936-37, Ex. Sess.,
No. 173, p. 205; Code 1940, T. 55, §339.)...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The
personal representative of a deceased person, by appointment of a court having jurisdiction
in any state other than the state of Alabama, may receive and collect any indebtedness or
bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal
representative may execute a release, discharge and satisfaction of such indebtedness. Such
personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such
collection shall be made until the lapse of 60 days from the date of the death of the deceased,
and no such collection shall be made if proceedings are pending for the...
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43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor
or administrator or, if dead, his personal representative or, in case of his removal from
the state, his sureties fail to make settlement within the time required by this division,
the court may, of its own motion or on the application of any party in interest, compel him
or his sureties to do so by attachment, or may state the account against him or his sureties
from the materials on file or such other information as may be accessible to the court, charging
him or his personal representative or his sureties with such assets as may have come into
the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code 1876,
§2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492, p. 655;
Code 1923, §5930; Code 1940, T. 61, §325.)...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b)
All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of
their charges, or any part thereof, shall be begun within two years from the time the cause
of action accrues and not after. (c) For recovery of charges, action shall be begun against
common carriers of property by motor vehicles subject to this article within two years from
the time the cause of action accrues and not after, except as provided in subsection (d) of
this section; provided, that if claim for the overcharge has been presented in writing to
the carrier within the two-year period of limitation, said period shall be extended to include
six months from the time notice in writing is given by the carrier to the claimant...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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12-19-47
Section 12-19-47 Liability for receiving unauthorized fees - Probate judges. (a) Any probate
judge who knowingly receives any other or higher fees than are allowed by law shall forfeit
$50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal
representative or guardian, shall be assets of the estate. This penalty shall be no bar to
an indictment for extortion. (b) Any probate judge who corruptly receives any fee or item
of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more
than $500.00, and the grand jury must present an indictment, if justified by the evidence.
Upon such conviction, the office shall be vacated and the fact of such conviction shall be
certified to the Governor by the presiding judge. (Code 1852, §§3066, 3068; Code 1867, §§3537,
3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code
1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11,...
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