§35-6-43. Time and place of hearing; notice; guardians ad litem; nonresidents as parties.  


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  • Upon the filing of the application, a day not less than 30 days thereafter must be appointed for hearing the same; and of the time and place of such hearing, all parties in interest must have at least 10 days' notice; and when infants or persons of unsound mind are parties, if they have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they must be made parties in the same manner, and to the same extent, as is done when property in the hands of an executor or administrator is to be divided or distributed.

(Code 1867, §3107; Code 1876, §3501; Code 1886, §3240; Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)