US Lawyer Database

§ 47-13-109. Fees for Services Under §§ 47-13-103 — 47-13-108

The person performing the duties of the county clerk, and the sheriff or constable, for the services performed by them under §§ 47-13-103 — 47-13-108, shall be entitled to and be allowed the same fees as are allowed them by law for like services in other cases.

§ 47-13-110. Compensation of Trustees

The court having the jurisdiction of the monthly county court, upon application, or the chancery court, if the trust is administered in the chancery court, may allow a trustee or assignee compensation exceeding the compensation of clerks and masters, if the character of the services rendered entitle the trustee or assignee to such compensation in […]

§ 47-13-111. Noncompliance by Trustee — Appointment of Receiver

If any trustee or assignee fails or refuses to comply with this chapter, the court having the jurisdiction of the monthly county court, upon application of any person interested, shall, in lieu of the delinquent, appoint a trustee or receiver who, upon executing the bond and taking the oath aforementioned, may execute the trust or […]

§ 47-13-112. Death, Resignation, or Removal of Trustee

The chancery court or the court having the jurisdiction of the monthly county court is empowered, upon suggestion and proof of the death, resignation, or removal beyond the limits of this state, of any trustee named as such in any deed of trust conveying realty or personalty as security for the payment of debts or […]

§ 47-13-103. Settlement by Trustee or Assignee

Any trustee or assignee to whom property has been conveyed in trust for the benefit of creditors, under the provisions of this chapter, shall be required to make settlement with the person performing the duties of the county clerk of the county in which the deed of trust or assignment was made, as soon after […]

§ 47-13-104. Failure to Settle — Citation Upon Application of Interested Party

Should any such trustee or assignee fail or refuse to make settlement as required by § 47-13-103, the person performing the duties of the county clerk shall be required, upon application of anyone interested in the trust property, to issue a citation to such trustee or assignee, requiring the trustee or assignee to appear before […]

§ 47-13-105. Failure to Settle — Citation Without Application

The person performing the duties of the county clerk, after the expiration of two (2) years from the qualification of such trustee or assignee, shall have power, without application from anyone interested in the trust property, to compel such trustee or assignee to make settlement by citation, as prescribed in § 47-13-104.

§ 47-13-106. Failure to Settle — Penalty

Any such trustee or assignee, who fails or refuses to settle, as above required, after such citation or notice, commits a Class A misdemeanor, and shall be liable to indictment or presentment in the same manner as administrators who fail or refuse to settle as required of them by law.

§ 47-13-101. Trustees or Assignees for Creditors, Etc. — Bond — Oath

Every trustee or assignee to whom property exceeding the value of five hundred dollars ($500) is conveyed in trust for the benefit of creditors, sureties, or other persons, unless by them released, in writing, from the obligations hereinafter prescribed, before entering upon the discharge of such trustee’s or assignee’s duty, shall give bond, with two […]

§ 47-13-102. Filing of Bond and Oath

The bond and affidavit shall be filed and preserved by the person performing the duties of the county clerk in such person’s office. Code 1858, § 1975(deriv. Acts 1855-1856, ch. 113, § 10); Shan., § 3524; Code 1932, § 7774; T.C.A. (orig. ed.), § 47-1502; modified.