Order Delivered to Surveyor — Commissioners Notified to Lay Off Homestead — Oath

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The clerk of the court shall, within forty (40) days after the adjournment of the court, deliver to the surveyor a copy of the order, and thereupon the surveyor shall notify the two (2) commissioners of the time and place, to be designated by the surveyor, of laying off the homestead; before entering upon that duty, the surveyor shall administer to the commissioners an oath for the faithful and true performance of that duty.

Code 1858, § 2415 (deriv. Acts 1849-1850, ch. 77, § 6; 1851-1852, ch. 95, § 1); Shan., § 4158; mod. Code 1932, § 8375; impl. am. Acts 1976, ch. 529, § 1; T.C.A. (orig. ed.), § 30-909.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 655.

Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-1103.


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