Rhode Island General Laws 33-19-21. Irregularities in proceedings
No sale of real estate made by an executor, administrator, or guardian, under decree of a probate court, and no title under the sale, shall be avoided because the deed was not delivered within one year after the decree, or on account of any irregularity in the proceedings, if it appears:
(1) That the decree was granted by a court of competent jurisdiction;
(2) That the person authorized to make the sale gave a bond, if bond was required, which was approved by the probate court;
(3) That the notice of the time and place of sale, if at public auction, was given according to law and the order of the court; and
(4) That the premises were sold by public auction in accordance with the notice, or by private contract in pursuance of the decree, and are held by one who purchased them in good faith or by some one claiming under him or her.
History of Section.
C.P.A. 1905, § 758; G.L. 1909, ch. 308, § 25; G.L. 1923, ch. 359, § 25; G.L. 1938, ch. 570, § 25; G.L. 1956, § 33-19-21.
Terms Used In Rhode Island General Laws 33-19-21
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will
- real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10