§ 33-23-6 — § 33-23-6. Powers over real estate pending appeal.

Rhode Island § 33-23-6

• Jurisdiction: Rhode Island
• Title 33: Probate practice and procedure
• Ch. 33-23: Judicial Review of Probate Court Orders and Decisions

Text

§ 33-23-6. Powers over real estate pending appeal.

In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, or administrator with the will annexed, or guardian, having given bond according to law, shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to collect, sue for, and hold the income and rents of the real and personal estate of the testator or ward for the benefit of the persons entitled to the real estate, and the executor, administrator, administrator with the will annexed, or guardian, may bring suit in his or her name for the possession of any real or personal estate, pending the appeal, and shall have the power, under the direction of the probate court, to pay any debts of the testator, intestate, or ward, and the probate court may authorize the executor, administrator, administrator with the will annexed, or guardian to sell real estate, or any interest therein, of the deceased person or ward, as the case may be, subject to the conditions, according to the practice, and in the manner provided by chapter 19 of this title.

Legislative History

C.P.A. 1905, § 809; G.L. 1909, ch. 311, § 14; G.L. 1923, ch. 362, § 14; P.L. 1931, ch. 1771, § 1; G.L. 1938, ch. 573, § 14; G.L. 1956, § 33-23-6.