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 […]
Section 43-2-581 Application. The application for such purpose must be in writing, verified by affidavit; must set forth the applicant’s claim and must allege a sufficiency of assets in the hands of such executor or administrator to pay the same after discharging the debts of the testator, charges on his estate and other legacies entitled […]
Section 43-2-582 Time for hearing; notice to executor or administrator. The court must appoint a day for hearing such application, and a citation must be issued and served on the executor or administrator notifying him of the grounds of such application and of the day appointed for hearing the same, 10 days before such day. […]
Section 43-2-583 Conduct of hearing; when payment or delivery directed. On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same; and, if it appears that the applicant is a legatee and that after the payment of his legacy there will […]
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator with the will annexed and must be in double the amount directed to be paid or in double the value of the property to be delivered, to be ascertained by the appraisement or other evidence satisfactory to the court, with […]
Section 43-2-585 Enforcement of payment or delivery. If the legacy is not payable in money, the value thereof as ascertained under section 43-2-584 must be entered of record; and, if the amount directed to be paid or the property directed to be delivered is not paid or delivered within 60 days after such order, an […]
Section 43-2-586 Applicability of sections 43-2-581 through 43-2-585 to widow. Sections 43-2-581 through 43-2-585 apply to the widow who has dissented from her husband’s will and seeks to compel the payment of her distributive share or, if she is dead, to her administrator or executor. (Code 1867, §2103; Code 1876, §2480; Code 1886, §2198; Code […]
