43-2-564
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against sureties. Execution and all other final process may issue against the said sureties on said bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940, T. 61, §334.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-564.htm - 604 bytes - Match Info - Similar pages
43-2-563
Section 43-2-563 Settlement by sureties of deceased executor or administrator - Conclusiveness of settlement. In all such cases provided for in section 43-2-562, the settlement therein provided for shall be final and conclusive against such sureties save the right of review by appeal or otherwise as now provided by law. (Acts 1915, No. 98, p. 138; Code 1923, §5938; Code 1940, T. 61, §333.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-563.htm - 704 bytes - Match Info - Similar pages
43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties. When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court "no property" by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-151.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-553.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-83.htm - 1K - Match Info - Similar pages
6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered by representatives of deceased officer. (a) When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases. (b) If the representatives of the deceased officer shall refuse or neglect to deliver the property or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer, wherever it may be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-121.htm - 1K - Match Info - Similar pages
12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified: (1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest; (2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-21.htm - 2K - Match Info - Similar pages
43-2-561
Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative of deceased executor or administrator party to settlement. Should an administrator or executor of such deceased executor or administrator be appointed at any time before final decree, any party to the proceeding may, on motion, have such executor or administrator of such deceased executor or administrator made a party to such settlement on 10 days' notice. (Acts 1915, No. 98, p. 138; Code 1923, §5936; Code 1940, T. 61, §331.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-561.htm - 843 bytes - Match Info - Similar pages
43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account and vouchers. In case of the death of an executor or administrator who had not made a final settlement of his executorship or administration, and where letters of administration or testamentary have not been granted on his estate, the sureties on his official bond may proceed to make settlement of his administration of said estate as executor or administrator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code 1923, §5935; Code 1940, T. 61, §330.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-560.htm - 1K - Match Info - Similar pages
43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement. In any case where an executor or administrator shall die without having made a final settlement of his administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, legatees or cestui que trust may, by petition to the court in which such estate is pending, have an order requiring the sureties on such bond to make settlement of such estate in said court after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98, p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-562.htm - 1001 bytes - Match Info - Similar pages
|