CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY

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m1ke_d
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103475
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CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY
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2011-09-22 18:04:26
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Estates Treasury
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Probate Code Flash Cards
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  1. Sec. 429. PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER
    Any clerk who shall neglect to have served on the comptroller by personal citation a certified copy of any such order within the time prescribed by Section 428 of this Code shall be liable in a penalty of _________, to be recovered in an action in the name of the state, after personal service of citation, on the information of any citizen, one-half of which penalty shall be paid to the informer and the other one-half to the state.

    A) 75.00
    B) 100.00
    C) 25.00
    D) 50.00
    B) 100.00

    Section 428 of this Code shall be liable in a penalty of One Hundred Dollars
    (this multiple choice question has been scrambled)
  2. Sec. 430. RECEIPT OF COMPTROLLER
    Whenever an executor or administrator pays the comptroller any funds of the estate he represents, under the preceding provisions of this Code, he shall take from the comptroller a receipt for such payment, without official seal attached, and shall file the same with the clerk of the court ordering such payment; and such receipt shall be recorded in the judge's probate docket.

    True or False
    False

    he shall take from the comptroller a receipt for such payment, with official seal attached
  3. Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY
    If any person entitled to a portion of an estate, except a resident minor without a guardian, shall not demand his portion from the executor or administrator within ______ after an order of court approving the report of commissioners of partition, or within 6 months after the settlement of the final account of an executor or administrator, as the case may be, the court by written order shall require the executor or administrator to pay so much of said portion as is in money to the comptroller;

    A) 6 months
    B) 3 months
    C) 9 months
    D) 4 months
    A) 6 months

    administrator within six months after an order of court approving the report
    (this multiple choice question has been scrambled)
  4. Sec. 433. SUIT FOR THE RECOVERY OF FUNDS PAID TO THE COMPTROLLER
    The person claiming such funds shall institute suit on or before the ______ anniversary of the date of the order requiring payment to the comptroller, by petition filed in the district court of Travis County, against the comptroller, setting forth the plaintiff's right to such funds, and the amount claimed by him.

    A) fourth
    B) second
    C) third
    D) sixth
    A) fourth

    shall institute suit on or before the fourth anniversary of the date
    (this multiple choice question has been scrambled)
  5. Sec. 428. INDISPENSABILITY OF COMPTROLLER AS PARTY
    Whenever an order shall be made by the court for an executor or administrator to pay any funds to the comptroller under Section 427 of this Code, the clerk of the court in which such order is made shall serve on the comptroller by personal service of citation a certified copy of such order within five days after the same has been made.

    True or False
    True
  6. Sec. 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT DAMAGES
    The Comptroller shall have the right in the name of the state to apply to the court in which the order for payment was made to enforce the payment of funds which the executor or administrator has failed to pay to him pursuant to order of court, together with the payment of limited damages that shall have accrued under the provisions of the preceding section of this code, and the court shall enforce such payment in like manner as other orders of payment are required to be enforced.

    True or False
    False

    together with the payment of any damages that shall have accrued
  7. XSec. 431. PENALTY FOR FAILURE TO MAKE PAYMENTS TO COMPTROLLER
    When an executor or administrator fails to pay to the comptroller any funds of an estate which he has been ordered by the court so to pay, within _____ after such order has been made, such executor or administrator shall, after personal service of citation charging such failure and after proof thereof, be liable to pay out of his own estate to the comptroller damages thereon at the rate of five per cent per month for each month, or fraction thereof, that he fails to make such payment after _____ from such order, which damages may be recovered in any court of competent jurisdiction.

    A) 2 months
    B) 30 days
    C) 60 days
    D) 45 days
    B) 30 days
    (this multiple choice question has been scrambled)

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