§ 43-2-254 — Enforcement of Decree or Judgment When Administrator Adversely Interested

Alabama § 43-2-254

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 11: Administrators Ad Litem

Text

When such administrator ad litem is appointed on account of the adverse interest of the executor or administrator, and the decree or judgment is rendered against such executor or administrator, no execution, writ of possession, or other writ for the enforcement of the decree or judgment shall issue thereon, but in such decree or judgment the court shall require the executor or administrator to charge himself or herself, as executor or administrator of the estate represented by the administrator ad litem, with the money or property recovered of him or her by the administrator ad litem; but when the decree or judgment is not against the executor or administrator, execution, writ of possession, or other writ for the enforcement of the judgment or decree, shall issue thereon in favor of such executor or administrator.

Legislative History

(Code 1876, §2628; Code 1886, §2287; Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code 1940, T. 61, §169.)