§ 43-2-452 — When Depositions Required

Alabama § 43-2-452

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 17: Renting and Sale of Real Estate
• Div. 1: For Payment of Debts and for Division

Text

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 necessity of such sale; and such evidence must be taken, whether the allegations in the petition are denied or not by the guardian appointed by the court to represent the minors or persons of unsound mind or unknown parties; and any order of sale and sale, made without a compliance with the requisitions of this section, shall be wholly void.

Legislative History

(Code 1867, §2225; Code 1876, §2458; Code 1886, §2114; Code 1896, §167; Code 1907, §2631; Code 1923, §5861; Code 1940, T. 61, §255.)