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


Published: 2015

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TITLE 33

Probate practice and procedure

CHAPTER 33-23

Judicial Review of Probate Court Orders and Decisions

SECTION 33-23-6



   § 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.



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.)