Alabama § 43-8-196 Costs

Alabama Statutes

§ 43-8-196 — Costs

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 7 Wills Generally·Div. 3 Contesting Validity of Will

The costs of any contest under the provisions of this article must be paid by the party contesting if he or she fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and for the costs directed to be paid by the plaintiff or defendant, execution may be issued as in other cases; and the costs directed to be paid out of the estate may be collected as other claims against an estate are collected.

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The costs of any contest under the provisions of this article must be paid by the party contesting if he or she fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and for the costs directed to be paid by the plaintiff or defendant, execution may be issued as in other cases; and the costs directed to be paid out of the estate may be collected as other claims against an estate are collected.

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Legislative History

(Code 1852, §§1649, 1650, 1653; Code 1867, §§1967, 1968, 1971; Code 1876, §§2331, 2332, 2335; Code 1886, §1996; Code 1896, §4294; Code 1907, §6203; Code 1923, §10632; Code 1940, T. 61, §59; Code 1975, §43-1-76.)