§ 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,
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§ 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.