43-2-89
Section 43-2-89 Force and obligations of former bonds continued. When the additional bond is
not given on the application of a surety, the former bonds are not discharged, but each remains
of the same force and obligation as if such additional bond had not been given; and any person
aggrieved, for a breach of the last bond, may proceed on either or all of the bonds, in the
same or in separate proceedings. (Code 1852, §1716; Code 1867, §2037; Code 1876, §2406;
Code 1886, §2058; Code 1896, §105; Code 1907, §2552; Code 1923, §5774; Code 1940, T. 61,
§108.)...
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6-6-622
Section 6-6-622 Appointment - Posting of bond by applicant; recovery upon bond. (a) When application
is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit
judge, register, or clerk must, before making such appointment, require the applicant to enter
into bond, with surety, in such sum as the circuit judge, register, or clerk may prescribe,
payable to the opposite party, and to be approved by the judge, register or clerk, with condition
to pay all damages which any person may sustain by the appointment of the receiver if such
appointment is vacated or receiver removed or discharged because improvidently appointed.
(b) Any person damaged by the appointment of the receiver in the event such appointment is
vacated or discharged, as provided in subsection (a) of this section, may recover, by an action
upon such bond, in his own name, all damages so sustained, not exceeding the penalty of the
bond. (Code 1896, §§801, 802; Code 1907, §§5728,...
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12-13-34
Section 12-13-34 Persons who may institute civil actions on bonds of judges. Civil actions
may be instituted on all bonds given by a probate judge by anyone sustaining any injury by
reason of any neglect or omission of such officer to take good and sufficient surety from
any executor, administrator or guardian or from any officer whose bond it is his duty to approve
or in any case in which it is his duty to require additional bond and he fails so to do or
by the failure of such judge to perform any other official duty or by reason of the commission
by him of any wrongful act in the performance of his official duties or under color of his
office. (Code 1852, §665; Code 1867, §786; Code 1876, §689; Code 1886, §783; Code 1896,
§3359; Code 1907, §5415; Code 1923, §9575; Code 1940, T. 13, §274.)...
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43-2-190
Section 43-2-190 Applications for letters testamentary or of administration. The application
filed by a nonresident for letters testamentary or of administration must set forth his name
and post-office address; but the address so given may, at any time, be changed by such nonresident
executor or administrator, such change to be shown by a written statement setting forth his
present post-office address, signed by such executor or administrator, or his attorney and
filed and recorded in the court granting the letters. (Code 1896, §83; Code 1907, §2559;
Code 1923, §5782; Code 1940, T. 61, §144.)...
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43-2-318
Section 43-2-318 Exhibit showing condition of estate. Six months after his appointment, and
at any time thereafter when required by the court, either upon its own motion or upon the
application of any person interested in the estate, the executor or administrator must render,
for the information of the court, an exhibit under oath, showing the amount of all claims
presented against the estate, and the names of the claimants, and all other matters necessary
to show the condition of its affairs. (Code 1923, §5810; Code 1940, T. 61, §197.)...
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43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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43-2-580
Section 43-2-580 When legatee or widow entitled to compel payment. After the expiration of
six months from the grant of letters testamentary, or of administration, with the will annexed,
if there are more than sufficient assets in the hands of such executor or administrator to
pay the debts of the deceased, any legatee may apply to the probate court of the county in
which letters were granted to compel the payment of his legacy; and a widow who has dissented
from her husband's will or her personal representative, if she is dead, shall have like remedy
to compel the payment of the distributive share to which she may be entitled. (Code 1852,
§1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907,
§2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)...
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6-9-193
Section 6-9-193 Issuance of execution in favor of personal representative or successor without
revival. When a plaintiff dies after the entry of a judgment in his favor and such judgment
is unsatisfied, execution may issue thereon in favor of the personal representative of such
deceased plaintiff, and in like manner when a judgment is entered in favor of an executor,
administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases
from any cause, execution may issue in favor of the successor without a revival. (Code 1867,
§2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923,
§7864; Code 1940, T. 7, §575.)...
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