Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 33-23-6
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Intestate: Dying without leaving a will.
- 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
- Testator: A male person who leaves a will at death.