§ 33-23-4. Sale of tangible personal property pending appeal.
In case of an appeal 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, pending the appeal, upon leave of the probate court first obtained, may sell at public auction or private sale any tangible personal property of the testator, intestate, or ward, which are liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great and disproportionate expense, and hold the proceeds of those sales, after deducting from the proceeds the necessary expenses of sale, for the benefit of the estate.
History of Section.C.P.A. 1905, § 808; G.L. 1909, ch. 311, § 13; G.L. 1923, ch. 362, § 13; G.L. 1938, ch. 573, § 13; G.L. 1956, § 33-23-4; P.L. 1996, ch. 110, § 13.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions
Section 33-23-1. - Filing of claim of appeal, record, and reasons.
Section 33-23-2. - Suspension of order or decree pending appeal.
Section 33-23-3. - Effect of appeal from granting of letters.
Section 33-23-4. - Sale of tangible personal property pending appeal.
Section 33-23-5. - Sale of personalty in general pending appeal.
Section 33-23-6. - Powers over real estate pending appeal.
Section 33-23-7. - Transfer of estate pending appeal from decree removing fiduciary.
Section 33-23-8. - Notice of appeal.
Section 33-23-9. - Assignment day.
Section 33-23-10. - Assignment for hearing.
Section 33-23-11. - Failure to file appeal claimed.
Section 33-23-13. - Discontinuance of appeal.
Section 33-23-14. - Modification of decrees after discontinuance of appeal.
Section 33-23-15. - Want of jurisdiction — Amendments to supply defects.
Section 33-23-16. - Correction of want of notice.
Section 33-23-17. - Consolidation of appeals — Addition of parties.
Section 33-23-18. - Affirmance, reversal, or entry of new decree.
Section 33-23-19. - Transmission of final decree to probate court.
Section 33-23-20. - Conclusiveness of advice or direction of probate court.