§ 33-23-6 - Powers over real estate pending appeal.
SECTION 33-23-6
§ 33-23-6 Powers over real estate pendingappeal. – In case of an appeal taken from an order or decree of a probate court grantingletters testamentary, of administration, of administration with the willannexed, or of guardianship, the executor, administrator, or administrator withthe will annexed, or guardian, having given bond according to law, shall,pending the appeal and until the order or decree is finally affirmed ordisaffirmed, have power to collect, sue for, and hold the income and rents ofthe real and personal estate of the testator or ward for the benefit of thepersons entitled to the real estate, and the executor, administrator,administrator with the will annexed, or guardian, may bring suit in his or hername for the possession of any real or personal estate, pending the appeal, andshall have the power, under the direction of the probate court, to pay anydebts of the testator, intestate, or ward, and the probate court may authorizethe executor, administrator, administrator with the will annexed, or guardianto sell real estate, or any interest therein, of the deceased person or ward,as the case may be, subject to the conditions, according to the practice, andin the manner provided by chapter 19 of this title.