§ 43-2-335 — Order Authorizing Hiring of Laborers - Petition; Notice and Hearing

Alabama § 43-2-335

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 14: Keeping Estates Together

Text

Before granting such order, the court must require the administrator to file a petition under oath, setting forth the facts upon which the application is based; and, upon the filing of such petition, the court must appoint a day for the hearing of the same, and must give 10 days’ notice thereof by advertisement in some newspaper published in the county, or if there be no newspaper published in the county, then by posting the notice at the courthouse door. On the day appointed, the court must proceed to hear and determine the same upon the evidence adduced by the petitioner, or the other parties in interest, and any other evidence that the court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary, the court must grant such order, and must require the petitioner to return a written report of such hiring under oath, on or before a day specified in such order.

Legislative History

(Code 1867, §2266; Code 1876, §2606; Code 1886, §2215; Code 1896, §283; Code 1907, §2748; Code 1923, §5987; Code 1940, T. 61, §203.)