Probate practice and procedure
Judicial Review of Probate Court Orders and Decisions
§ 33-23-6 Powers over real estate pending
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.
History of Section.
(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.)