On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same; and, if it appears that the applicant is a legatee and that after the payment of his legacy there will be a sufficiency of assets to pay all the debts which have been presented, charges and other legacies which are entitled to priority, the court may direct the payment or delivery of such legacy, or any part thereof, according to the proof of assets and of the other legacies in the same degree with that of the applicant, on the legatee's executing a refunding bond according to the provisions of section 43-2-584.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 18 - Settlements and Distributions.
Division 4 - Compelling Payment of Legacies.
Section 43-2-580 - When Legatee or Widow Entitled to Compel Payment.
Section 43-2-581 - Application.
Section 43-2-582 - Time for Hearing; Notice to Executor or Administrator.
Section 43-2-583 - Conduct of Hearing; When Payment or Delivery Directed.
Section 43-2-584 - Refunding Bond.
Section 43-2-585 - Enforcement of Payment or Delivery.
Section 43-2-586 - Applicability of Sections 43-2-581 Through 43-2-585 to Widow.