Rhode Island General Laws 33-18-31. Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge – Costs and expenses – Payment or delivery by court
Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing on the petition, the court may enter a decree granting a discharge, if it deems it proper, and thereafter the executor, administrator or guardian shall be relieved from all liability for the money, stock certificate, bond or other chose in action, and interest thereon. All costs and expenses on the petition, including expenses and counsel fees of the executor, administrator or guardian, as allowed by the court, shall be paid or retained out of the money or be a lien on any stock or chose in action and any dividend or interest payable thereon. When any person entitled to money, stock or chose in action shall appear and satisfy the court as to his or her right thereto, the same with the accumulations thereof, after deducting the expenses and counsel fees, shall be paid or delivered to him or her as the court shall direct.
History of Section.
C.P.A. 1905, § 1011; G.L. 1909, ch. 319, § 17; G.L. 1923, ch. 370, § 17; G.L. 1938, ch. 579, § 33; G.L. 1956, § 33-18-31.
Terms Used In Rhode Island General Laws 33-18-31
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6