Rhode Island General Laws 33-23-5. Sale of personalty in general 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, administrator with the will annexed, or guardian, having given bond according to law, the court shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to authorize the executor, administrator, administrator with the will annexed, or guardian to sell the personal estate of the deceased person or ward, as the case may be, according to such terms and conditions as the court may require or impose, pending the appeal.
History of Section.
G.L. 1923, ch. 362, § 20; P.L. 1931, ch. 1723, § 1; P.L. 1932, ch. 1923, § 1; G.L. 1938, ch. 573, § 20; G.L. 1956, § 33-23-5.
Terms Used In Rhode Island General Laws 33-23-5
- 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.
- 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