If an appeal is claimed from a 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, on giving
bond as by law required, file an inventory and collect, receive, and take possession
of all the rights, credits, and estates of the testator, intestate, or ward, as if
no appeal had been claimed. All claims against the estate of the deceased or ward
shall be filed within the time prescribed by law, and the executor, administrator,
or guardian may, under the direction of the probate court, do such acts as the law
requires concerning claims; and all limitations in regard to claims shall apply as
if no appeal had been claimed.
Notes of Decisions
Tangleridge Dev. Corp. v. Joslin, 570 A.2d 1109 (R.I. 1990).
· cites it 6× “We believe that §§ 33-23-3 and 33-23-6 set forth exceptions to the general rule delineated in § 33-23-2, which calls for the suspension of an order or decree of the Probate Court pending appeal.”
In re Est. of Taylor, 337 A.2d 236 (R.I. 1975).
· cites it 3× “’ In doing so we find that §§33-23-3, 33-23-4, 33-23-5, 33-23-6 and 33-23-7 contain such provisions.”
McSoley v. McSoley, 161 A.2d 216 (R.I. 1960).
“1956, §33-23-3, until the legality and scope of her appointment was finally determined in the appellate proceedings then pending in the superior court.”
McSoley v. McSoley, 186 A.2d 573 (R.I. 1962).
· cites it 4× “First of all we must not fail to note the significance of the qualifying words therein, “except as otherwise provided * * *” This express exception requires us to look elsewhere in the statute for situations where it is “otherwise provided * * In doing so we find that §§33-23-3,…”
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treatment. Dots show Syfertize treatment of the citing case itself.