Section 43-2-290 Causes of removal generally. An administrator may be removed, and his letters revoked for his removal from the state; and an administrator or executor may be removed and his letters revoked for any of the following causes: (1) Imbecility of mind; intemperance; continued sickness, rendering him incapable of the discharge of his duties; […]
Section 43-2-291 Rights terminated by sentence of imprisonment. A sentence of imprisonment in the penitentiary, imprisonment in the county jail or hard labor for the county, for a term of 12 months or more, terminates the right of the convict to execute the office of executor or administrator, in the same manner as if he […]
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his letters revoked, in the following cases: (1) When it is shown to the court by his sureties, or either of them, that he has […]
Section 43-2-293 Application for removal or additional bond. Application for the removal of any executor or administrator, or for an additional bond, must be in writing, verified by oath, must specify the grounds of complaint and must be made to the court from which letters issued, or in which the administration is pending; and may […]
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 […]
Section 43-2-295 Notice by publication. If such executor or administrator is not an inhabitant of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to the judge, he must direct notice of such application to be given by publication for three successive weeks in some newspaper published in the county, […]
Section 43-2-296 Trial. On the day specified in the citation, or after publication as required, or on any day thereafter to which the hearing may be continued, the court must proceed to hear the evidence, and may, in its discretion, examine the parties; and when the application charges embezzlement, waste or any other maladministration of […]
Section 43-2-297 Costs. If the application is determined against the applicant, he, otherwise the executor or administrator, must be taxed with the costs, for which execution may be issued. (Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98; Code 1907, §2572; Code 1923, §5795; Code 1940, T. 61, §185.)
Section 43-2-298 Order to give additional bond. If an additional bond is required by the court, an order must be made to that effect, allowing such time to give the same as the court may think reasonable; and if such order is not complied with within the time prescribed, the executor or administrator must be […]
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 […]
