43-2-92
Section 43-2-92 Conditional execution or delivery of bond. A surety on the bond of the general administrator of the county or on the bond of any executor or administrator cannot avoid liability thereon on the ground that he signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect, unless it was executed by some other person who does not execute it. (Code 1886, §2274; Code 1896, §343; Code 1907, §2555; Code 1923, §5777; Code 1940, T. 61, §111.)...
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6-5-30
Section 6-5-30 Right of aggrieved person to commence action. For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assigning the appropriate breach. (Code 1852, §2154; Code 1867, §2552; Code 1876, §2917; Code 1886, §2575; Code 1896, §14; Code 1907, §2473; Code 1923, §5682; Code 1940, T. 7, §98.)...
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34-6-32
Section 34-6-32 Application to probate judge; bond; issuance. No license shall be issued to any person to operate any billiard room to which the public has access for amusement and recreation who is not 19 years of age and a citizen of the United States or who has been convicted of a felony. Application for license to operate a billiard room shall be first made to the probate judge of the county in which the applicant proposes to conduct the business, in the form hereafter provided, and no license shall be issued by any city or town to any person to engage in such business until after such person has made application to and has been granted a license by the probate judge of the county in which such city or town is located. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths: that the applicant is a citizen of the United States, that he or she is of good moral character, that he or she has...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his own wrong, for having taken, received or interfered with the property of a deceased person but is liable to the executor or administrator for the value of all the property so taken or received and for all damages caused by his act to the estate of the deceased; but the provisions of this section must not be construed so as to prevent any creditor from maintaining a civil action against anyone in possession of property fraudulently transferred by such deceased person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code 1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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43-2-299
Section 43-2-299 Removal or additional bond on motion of court. Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he may cause a citation to be served on such executor or administrator, requiring him to appear on a day therein named, five days after service thereof, and show cause why he should not be removed, or give an additional bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor or administrator, or require him to give an additional bond; and, if an additional bond is required, on failure to give the same within the time prescribed the court may remove him. (Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886, §2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)...
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43-2-450
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and when the application is by an executor or administrator with the will annexed, that no power is given by the will for that purpose, the court may direct the sale of all, or such portion of the real estate as may be necessary to pay the debts; and such sale may be had on such credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086; Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858; Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the personal representative's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land. (b) The court may at any time reduce the bond of the personal representative or require the personal...
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35-6-65
Section 35-6-65 Article applicable to executors or administrators of deceased parties. Should any of the parties interested in property, real or personal, held by joint owners or tenants in common, die, the provisions of this article shall fully apply to his executor or administrator. (Code 1867, §3126; Code 1876, §3520; Code 1886, §3260; Code 1896, §3185; Code 1907, §5229; Code 1923, §9329; Code 1940, T. 47, §217.)...
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36-5-65
Section 36-5-65 When surety discharged. On the execution, approval and filing of such additional bond, such applicant shall be discharged as surety on the bond on which such application was made from all liability for any breach of the condition therein contained accruing subsequently to the filing of such additional bond. (Code 1852, §150; Code 1867, §189; Code 1876, §202; Code 1886, §297; Code 1896, §3129; Code 1907, §1545; Code 1923, §2679; Code 1940, T. 41, §128.)...
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43-2-331
Section 43-2-331 Extension of time upon showing of good cause. Whenever any executor or administrator has kept an estate together, under the order of the probate court, for 10 years, the time may be extended annually, upon application and good cause shown, if the court is of the opinion that the interest of such estate demands such extension. (Code 1867, §4431; Code 1876, §2603; Code 1886, §2211; Code 1896, §279; Code 1907, §2744; Code 1923, §5983; Code 1940, T. 61, §199.)...
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