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.)...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator
may also be required to give additional bond and, in default thereof, may be removed and his
letters revoked, in the following cases: (1) When it is shown to the court by his sureties,
or either of them, that he has become, or is likely to become, insolvent, and that they have
sustained, or probably will sustain, loss thereby. (2) When his letters have been granted
on insufficient security, or the security has become insufficient since the grant, or any
of his sureties have died or have removed from the state. (3) When the penalty of the bond
is not sufficient to secure the due performance of the trusts committed to him. (Code 1852,
§1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907,
§2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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43-2-584
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator
with the will annexed and must be in double the amount directed to be paid or in double the
value of the property to be delivered, to be ascertained by the appraisement or other evidence
satisfactory to the court, with at least two sufficient sureties, conditioned to refund the
amount paid or to return the property or pay the value thereof, with interest on such amount
or value from the time the same was received, should the assets prove insufficient to discharge
the other debts presented and charges and other legacies entitled to priority of payment.
(Code 1852, §1776; Code 1867, §2102; Code 1876, §2479; Code 1886, §2196; Code 1896, §264;
Code 1907, §2740; Code 1923, §5979; Code 1940, T. 61, §339.)...
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43-2-200
Section 43-2-200 Liability of sureties to execution. Upon the return of an execution as provided
in section 43-2-199 and, further, that no property of such executor or administrator, or property
not sufficient to satisfy the same, is found in the county in which the execution is issued,
the sureties on his bond shall be liable in all respects as in cases of a return of no property
found on executions issued against resident executors or administrators. (Code 1876, §2383;
Code 1886, §2042; Code 1896, §88; Code 1907, §2564; Code 1923, §5787; Code 1940, T. 61,
§149.)...
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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased
person must be represented, and there is no executor or administrator of such estate, or he
is interested adversely thereto, it shall be the duty of the court to appoint an administrator
ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering
such appointment necessary shall appear in the record of such case or shall be made known
to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886,
§2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...

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43-2-93
Section 43-2-93 Reducing amount of bond. Upon the filing of any partial settlement by the executor
under a will, or the administrator of the estate of a deceased person, in the court in which
such estate is pending, such executor or administrator may pray for a reduction in the amount
of his or her bond as a fiduciary, and thereupon the court must set a day for the hearing
of such partial settlement and must cause notices to be issued to all parties in interest
as is now provided by law for final settlements of such estates. And on the day set for hearing
the court may fix the amount to which the bond shall be reduced, which shall be determined
as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940, T. 61, §112.)...

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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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43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
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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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