Probate Practice and Procedure

Real Property of Decedents and Incompetents

SECTION 33-19-21

§ 33-19-21. Irregularities in proceedings.

No sale of real estate made by an executor, administrator, or guardian, under decree of a probate court, and no title under the sale, shall be avoided because the deed was not delivered within one year after the decree, or on account of any irregularity in the proceedings, if it appears:

(1) That the decree was granted by a court of competent jurisdiction;

(2) That the person authorized to make the sale gave a bond, if bond was required, which was approved by the probate court;

(3) That the notice of the time and place of sale, if at public auction, was given according to law and the order of the court; and

(4) That the premises were sold by public auction in accordance with the notice, or by private contract in pursuance of the decree, and are held by one who purchased them in good faith or by some one claiming under him or her.

History of Section.
(C.P.A. 1905, § 758; G.L. 1909, ch. 308, § 25; G.L. 1923, ch. 359, § 25; G.L. 1938, ch. 570, § 25; G.L. 1956, § 33-19-21.)