§43-2-46. Postponing issuance of letters during time for appeal.

When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken, no letters in chief must be granted until the appeal is finally disposed of; but a special administrator may be appointed if necessary.

(Code 1852, §1694; Code 1867, §2015; Code 1876, §2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940, T. 61, §88.)