Upon the day so appointed, or any day to which the hearing may be continued, the register or clerk must proceed to examine and audit the account; and upon such auditing, the assignor or any creditor or party in interest, his representative or transferee, may move the register or clerk to charge the trustee with sums other than those with which he has charged himself, or may object to the allowance of any item for which he claims credit; and such matters must be heard and the account stated and passed upon by the register or clerk and distribution made and judgment to creditors as in insolvent estates administered in the court of probate; and after deducting the costs and expenses of administration, including five percent commissions to the trustee on the amount of money with which he is charged, and the allowance of reasonable charges for the preparation of the deed of assignment, and after the discharge of all liens or claims having priority, the register or clerk must enter judgment to each creditor whose claim has been allowed, his proportion of such money, reserving in the hands of the trustee a ratable proportion for such claims as may be then contested and undecided; and if no appeal is taken, as provided in Section 19-3-38, and prosecuted to effect, the register or clerk may issue execution upon such judgments, against the trustee, and the sureties on his bond, if he has given bond. Upon application to the register or clerk by the assignee or any party in interest, such compensation of the assignee may be increased or diminished by the register or clerk for good cause shown.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Article 2 - Express Trusts for Payment or Security of Debts.
Section 19-3-20 - Right of Creditors to Apply for Order Requiring Trustee to Give Bond.
Section 19-3-21 - Contents of Application; Notice of Hearing.
Section 19-3-22 - Hearing; Order.
Section 19-3-23 - Failure of Trustee to Give Bond; Appointment of Successor.
Section 19-3-24 - Duty of Trustee to Make Inventory; Filing of Copies; Supplemental Inventories.
Section 19-3-25 - Appointment and Duties of Appraisers.
Section 19-3-26 - When Petition for Administration May Be Filed; Contents of Petition.
Section 19-3-28 - Notice to Creditors.
Section 19-3-29 - Presentation of Claims; Verification; Receipt.
Section 19-3-30 - Claims Docket.
Section 19-3-31 - Claims Presented and Not Objected to Stand Allowed.
Section 19-3-32 - Objections to Claims - Filing of Objections.
Section 19-3-33 - Objections to Claims - Time for Hearing; Notice.
Section 19-3-34 - Objections to Claims - Conduct of Hearing; Order Allowing or Disallowing Claim.
Section 19-3-35 - Duty of Trustee to Render Account.
Section 19-3-36 - Time for Settlement; Notice to Creditors.
Section 19-3-37 - Examination and Auditing of Account; Judgment.
Section 19-3-38 - Admissibility of Evidence at Hearings; Exceptions; Appeals.
Section 19-3-39 - Compromise or Sale of Bad Debts.
Section 19-3-40 - Sale of Real Estate; Notice to Creditors.
Section 19-3-41 - When Settlements Compelled; Removal of Trustee and Appointment of Successor.