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43-2-582
Section 43-2-582 Time for hearing; notice to executor or administrator. The court must appoint
a day for hearing such application, and a citation must be issued and served on the executor
or administrator notifying him of the grounds of such application and of the day appointed
for hearing the same, 10 days before such day. (Code 1852, §1774; Code 1867, §2100; Code
1876, §2477; Code 1886, §2194; Code 1896, §262; Code 1907, §2738; Code 1923, §5977; Code
1940, T. 61, §337.)...
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43-2-294
Section 43-2-294 Service of citation. A citation to such executor or administrator to appear
and answer the application on a day specified therein must be served on him five days before
the hearing of the complaint. (Code 1852, §1700; Code 1867, §2021; Code 1876, §2390; Code
1886, §2048; Code 1896, §95; Code 1907, §2569; Code 1923, §5792; Code 1940, T. 61, §182.)...
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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.)...
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43-2-210
Section 43-2-210 Bond. The judge of probate, in determining the amount of the bond which such
executor or administrator should give, may examine him on oath; and such bond, when given,
stands as security, on its condition being broken, for any person thereby injured. (Code 1852,
§1936; Code 1867, §2295; Code 1876, §2639; Code 1886, §2293; Code 1896, §362; Code 1907,
§2828; Code 1923, §6067; Code 1940, T. 61, §154.)...
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43-2-271
Section 43-2-271 Liability for assets upon resignation. In case of resignation, the executor
or administrator and his sureties are bound for all the assets not administered, which have
not been delivered over to his successor. (Code 1852, §1719; Code 1867, §2040; Code 1876,
§2409; Code 1886, §2061; Code 1896, §108; Code 1907, §2577; Code 1923, §5800; Code 1940,
T. 61, §173.)...
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43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months,
as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties,
must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072,
2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code
1923, §5838; Code 1940, T. 61, §233.)...
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43-2-503
Section 43-2-503 Filing of account, etc. - Liability for failure to file statement. If such
statement is not filed, the executor or administrator and his sureties are liable for all
damages arising therefrom. (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code
1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code 1940, T. 61, §296.)...
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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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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties appear
and file his accounts and vouchers for settlement and pay such costs as have accrued upon
the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside such
decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249; Code
1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...
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43-2-137
Section 43-2-137 Action on bond. Civil actions may be brought or proceedings had on any bond
given by an executor or administrator, as such, in the name of the party aggrieved until the
whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code
1886, §2272; Code 1896, §341; Code 1907, §2809; Code 1923, §6048; Code 1940, T. 61, §125.)...
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