§ 28A‑15‑12. Examination of persons or corporations believed to have possession of propertyof decedent.
(a) Whenever a personalrepresentative or collector makes oath or affirmation before the clerk ofsuperior court of the county where the party to be examined resides or doesbusiness that he has reasonable ground to believe, setting forth the grounds ofhis belief, that any person, firm or corporation has in his or its possessionany property of any kind belonging to the estate of his decedent, the clerkshall issue a notice to be served upon the person or any member of the firm orofficer, agent or employee of the firm or corporation designated in theaffidavit, to appear before the clerk at his office at a time fixed in thenotice, not less than three days after the issuance of the notice, and beexamined under oath by the personal representative or collector or his attorneyconcerning the possession of such property. If upon examination the clerk ofsuperior court finds that the person examined or the firm or corporation forwhich he works has in his or its possession any property belonging solely tothe decedent, and fails to show any satisfactory reason for retainingpossession of the property, the clerk shall issue an order requiring theperson, firm or corporation forthwith to deliver the property to said personalrepresentative or collector and may enforce compliance with the order byproceedings as for contempt of court: Provided, that in the case of a firm orcorporation, whenever any person other than a partner or executive officer ofsuch firm or corporation is examined, no such order shall be made until atleast three days after service of notice upon a partner or executive officer ofsuch firm or corporation to show cause why such order should not be made.
(b) Any personaggrieved by the order of the clerk of superior court may, within five days,appeal to the judge holding the next session of superior court of the countyafter the order is made or to the resident judge of the district, but as acondition precedent to his appeal he shall give a justified bond in a sum atleast double the value of the property in question, conditioned upon the safedelivery of the property and the payment of damages for its detention, to thepersonal representative or collector in the event that the order of the clerkshould be finally sustained. When the bond is executed and delivered to thecourt, no attachment as for contempt shall be served upon the appealing partyand any contempt order theretofore issued shall be stayed; but if the appellantfails to have his appeal heard at the next session of superior court held inhis county, or by the resident judge of the district within 30 days aftergiving notice, the appeal shall be deemed abandoned, and the stay of anycontempt order theretofore issued shall terminate.
(c) The party againstwhom the final judgment is rendered shall be adjudged to pay the costs of theproceedings hereunder.
(d) The remediesprovided in this section shall not be exclusive, but shall be in addition toany remedies which are now or may hereafter be provided. (1937,c. 209, s. 1; 1973, c. 1329, s. 3.)
§ 28A‑15‑12. Examination of persons or corporations believed to have possession of propertyof decedent.
(a) Whenever a personalrepresentative or collector makes oath or affirmation before the clerk ofsuperior court of the county where the party to be examined resides or doesbusiness that he has reasonable ground to believe, setting forth the grounds ofhis belief, that any person, firm or corporation has in his or its possessionany property of any kind belonging to the estate of his decedent, the clerkshall issue a notice to be served upon the person or any member of the firm orofficer, agent or employee of the firm or corporation designated in theaffidavit, to appear before the clerk at his office at a time fixed in thenotice, not less than three days after the issuance of the notice, and beexamined under oath by the personal representative or collector or his attorneyconcerning the possession of such property. If upon examination the clerk ofsuperior court finds that the person examined or the firm or corporation forwhich he works has in his or its possession any property belonging solely tothe decedent, and fails to show any satisfactory reason for retainingpossession of the property, the clerk shall issue an order requiring theperson, firm or corporation forthwith to deliver the property to said personalrepresentative or collector and may enforce compliance with the order byproceedings as for contempt of court: Provided, that in the case of a firm orcorporation, whenever any person other than a partner or executive officer ofsuch firm or corporation is examined, no such order shall be made until atleast three days after service of notice upon a partner or executive officer ofsuch firm or corporation to show cause why such order should not be made.
(b) Any personaggrieved by the order of the clerk of superior court may, within five days,appeal to the judge holding the next session of superior court of the countyafter the order is made or to the resident judge of the district, but as acondition precedent to his appeal he shall give a justified bond in a sum atleast double the value of the property in question, conditioned upon the safedelivery of the property and the payment of damages for its detention, to thepersonal representative or collector in the event that the order of the clerkshould be finally sustained. When the bond is executed and delivered to thecourt, no attachment as for contempt shall be served upon the appealing partyand any contempt order theretofore issued shall be stayed; but if the appellantfails to have his appeal heard at the next session of superior court held inhis county, or by the resident judge of the district within 30 days aftergiving notice, the appeal shall be deemed abandoned, and the stay of anycontempt order theretofore issued shall terminate.
(c) The party againstwhom the final judgment is rendered shall be adjudged to pay the costs of theproceedings hereunder.
(d) The remediesprovided in this section shall not be exclusive, but shall be in addition toany remedies which are now or may hereafter be provided. (1937,c. 209, s. 1; 1973, c. 1329, s. 3.)
§ 28A‑15‑12. Examination of persons or corporations believed to have possession of propertyof decedent.
(a) Whenever a personalrepresentative or collector makes oath or affirmation before the clerk ofsuperior court of the county where the party to be examined resides or doesbusiness that he has reasonable ground to believe, setting forth the grounds ofhis belief, that any person, firm or corporation has in his or its possessionany property of any kind belonging to the estate of his decedent, the clerkshall issue a notice to be served upon the person or any member of the firm orofficer, agent or employee of the firm or corporation designated in theaffidavit, to appear before the clerk at his office at a time fixed in thenotice, not less than three days after the issuance of the notice, and beexamined under oath by the personal representative or collector or his attorneyconcerning the possession of such property. If upon examination the clerk ofsuperior court finds that the person examined or the firm or corporation forwhich he works has in his or its possession any property belonging solely tothe decedent, and fails to show any satisfactory reason for retainingpossession of the property, the clerk shall issue an order requiring theperson, firm or corporation forthwith to deliver the property to said personalrepresentative or collector and may enforce compliance with the order byproceedings as for contempt of court: Provided, that in the case of a firm orcorporation, whenever any person other than a partner or executive officer ofsuch firm or corporation is examined, no such order shall be made until atleast three days after service of notice upon a partner or executive officer ofsuch firm or corporation to show cause why such order should not be made.
(b) Any personaggrieved by the order of the clerk of superior court may, within five days,appeal to the judge holding the next session of superior court of the countyafter the order is made or to the resident judge of the district, but as acondition precedent to his appeal he shall give a justified bond in a sum atleast double the value of the property in question, conditioned upon the safedelivery of the property and the payment of damages for its detention, to thepersonal representative or collector in the event that the order of the clerkshould be finally sustained. When the bond is executed and delivered to thecourt, no attachment as for contempt shall be served upon the appealing partyand any contempt order theretofore issued shall be stayed; but if the appellantfails to have his appeal heard at the next session of superior court held inhis county, or by the resident judge of the district within 30 days aftergiving notice, the appeal shall be deemed abandoned, and the stay of anycontempt order theretofore issued shall terminate.
(c) The party againstwhom the final judgment is rendered shall be adjudged to pay the costs of theproceedings hereunder.
(d) The remediesprovided in this section shall not be exclusive, but shall be in addition toany remedies which are now or may hereafter be provided. (1937,c. 209, s. 1; 1973, c. 1329, s. 3.)
