§ 6-10-88 — Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient

Alabama § 6-10-88

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 10: Exemptions
• Art. 2: Exemptions from Administration and Payment of Debts
• Div. 2: Setting Apart Exemptions to Surviving Spouse and Minor Children

Text

(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear.
(b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value.

Legislative History

(Code 1886, §§2555, 2556; Code 1896, §§2085, 2086; Code 1907, §§4212, 4213; Code 1923, §§7935, 7936; Code 1940, T. 7, §§678, 679.)