Rhode Island General Laws 18-3-15. Conclusive effect of statement under oath by cofiduciaries
A statement under oath by the cofiduciary or cofiduciaries, upon information and belief, as to the existence of any of the conditions specified in § 18-3-14, shall be conclusive evidence of that fact in favor of any person dealing with the cofiduciary or cofiduciaries.
History of Section.
P.L. 1942, ch. 1140, § 3; G.L. 1956, § 18-3-15.
Terms Used In Rhode Island General Laws 18-3-15
- Cofiduciary: means a trustee or personal representative empowered to exercise fiduciary functions jointly with any person authorized to delegate functions under the provisions of § 18-3-3;
(2) "Fiduciary" means any trustee or personal representative;
(3) "Functions" includes discretions, powers, and duties;
(4) "Person" includes corporations as well as natural persons;
(5) "Personal representative" means an executor under a will, an administrator cum testamento annexo, an administrator de bonis non, an administrator of an intestate estate, or a guardian of the estate of any person;
(6) "Power of attorney" and "power" means a power of attorney given pursuant to § 18-3-5;
(7) "Trustee" means any person who is designated in any written instrument, or court order, or in any will admitted to probate in this state to hold property upon trust, whether or not that person has assumed possession of the trust estate or entered upon his or her fiduciary duties;
(8) "War or national emergency" means any period during which the United States is engaged in any war, declared or undeclared, plus a period of sixty (60) days thereafter; and
(9) "War service" means:
(i) Active service during the period of any war or national emergency, whether within or outside of the territory of the United States of America, in any of the naval, military, or air forces of the United States;
(ii) Any active service during the period of any war or national emergency on any ship of United States registry; or
(iii) Any other work or employment during the period of any war or national emergency outside the continental United States and under the direction of the government of the United States. See Rhode Island General Laws 18-3-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6