Section 43-2-480 – Authorization to Sell.
Section 43-2-480 Authorization to sell. Lands of an estate may be ordered sold by the probate court having jurisdiction of the estate for the payment of pecuniary legacies, when such legacies are expressly or by necessary implication made a charge on such lands and the will does not confer upon the personal representative the power […]
Section 43-2-481 – Application for Sale.
Section 43-2-481 Application for sale. The application for the sale of lands for the payment of legacies must be made by the executor by petition, verified by affidavit, to the probate court having jurisdiction of the estate. It must describe the lands accurately and give the names of the devisees and their places of residence […]
Section 43-2-482 – Notice; Proceedings; Order of Sale.
Section 43-2-482 Notice; proceedings; order of sale. Notice of the filing of such petition must be given as provided by law on petition by the personal representative to sell lands for division or for the payment of debts, and testimony shall be taken and all other proceedings had and the sale, if ordered, shall be […]
Section 43-2-468 – Sale or Division of Land Received on Compromise.
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an executor or administrator in payment of any bad or doubtful claim, on a compromise of such claim made under an order of the probate court, may be distributed by the court having jurisdiction of the estate, by sale or division, […]
Section 43-2-452 – When Depositions Required.
Section 43-2-452 When depositions required. No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing the […]
Section 43-2-453 – Evidence of Title.
Section 43-2-453 Evidence of title. In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application. (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5881; Code 1940, T. […]
Section 43-2-454 – Dismissal of Application Upon Failure of Proof.
Section 43-2-454 Dismissal of application upon failure of proof. If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which execution may issue against him and his sureties. (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Code […]
Section 43-2-455 – Advertisement of Sale.
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 […]
Section 43-2-456 – Applicability of Sections 43-2-414, 43-2-416 and 43-2-417.
Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417. Sections 43-2-414, 43-2-416 and 43-2-417 are applicable to sales of real estate. (Code 1897, §170; Code 1907, §2634; Code 1923, §5864; Code 1940, T. 61, §258.)
Section 43-2-457 – How Purchase Money Secured.
Section 43-2-457 How purchase money secured. The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money mortgage. (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code 1886, §2117; Code 1896, §171; Code 1907, §2635; Code 1923, §5865; Code 1940, […]