Section 56-9-33 – [Judgments in favor of claimant certified to assignee.]
All judgments rendered in favor of any claimant in the district court, by virtue of the provisions of this chapter, shall be certified by the clerk thereof to the assignee, who shall allow the same and class it as a valid claim against the estate. History: Laws 1889, ch. 71, § 24; C.L. 1897, § […]
Section 56-9-34 – [Claims of assignee; presentation to court; temporary assignee; allowance or rejection of claim.]
If the assignee shall have a demand against the assignor which he desires to have allowed, he may present a petition to the district court or to the judge thereof in vacation, stating the particulars of his demand and the amount thereof, verified by affidavit, and thereupon such court, or the judge thereof in vacation, […]
Section 56-9-35 – [Failure of assignee to file inventory or give bond; citation to show cause.]
Whenever it shall be made to appear to the court having jurisdiction, or the judge of the proper district court in vacation, that any assignee has neglected and refused, when required by law, to file a full and true inventory or to give a bond as required by this chapter, the court, or judge thereof […]
Section 56-9-36 – [Dismissal of assignee.]
On the return of the citation, the court, or judge thereof, may require the assignee to file an inventory and to give a bond, with good and sufficient security, at any time, as he may deem reasonable, or may proceed at once to dismiss such assignee from his trust. History: Laws 1889, ch. 71, § […]
Section 56-9-27 – [Advertising paid by assignee; credit.]
The expense of advertising shall be paid by the assignee at the time of exhibiting his account, and shall be passed to his credit in such account. History: Laws 1889, ch. 71, § 18; C.L. 1897, § 2844; Code 1915, § 300; C.S. 1929, § 7-127; 1941 Comp., § 23-127; 1953 Comp., § 27-1-27. ANNOTATIONS […]
Section 56-9-28 – [Adjustment and allowance of demands.]
The assignee shall appoint a day, within three months after the date of the assignment, and a place, which shall be the county seat of the county where the inventory is filed, or such other place in said county most convenient to all the parties in interest where any court of record may be lawfully […]
Section 56-9-29 – [Notice of adjusting and allowing demands; publication; procedure; claims not presented.]
The assignee shall give notice of the time and place of adjusting and allowing demands against the estate of his assignor, by advertisement published in some newspaper printed in the county, or if there be none, in the one nearest the place where the inventory is filed, for four weeks successively, the last insertion to […]
Section 56-9-30 – [Assignee may administer oaths to witnesses.]
The assignee shall have power to administer all necessary oaths to debtors, creditors and witnesses, and may examine them on oath, touching any claim exhibited to him for allowance. History: Laws 1889, ch. 71, § 21; C.L. 1897, § 2847; Code 1915, § 303; C.S. 1929, § 7-130; 1941 Comp., § 23-130; 1953 Comp., § […]
Section 56-9-31 – [Rejection of claims.]
Should the assignee reject any claim or demand against the estate, he shall indorse on the back of said claim or demand the word, “Rejected,” giving the date of said rejection and sign his name as such assignee thereto. History: Laws 1889, ch. 71, § 22; C.L. 1897, § 2848; Code 1915, § 304; C.S. […]
Section 56-9-17 – [Additional property; appraisement.]
If, after making the first inventory, any other property, effects or things conveyed by the deed of assignment, shall come to the possession or knowledge of the assignee, his duty in relation thereto, and the duty of the court or judge and the appraisers shall be the same as required of them by the preceding […]