GroundRules
← Search the law
Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

12 Del. C. § 3105: Judgment and execution.

Read at publisher ↗
Where this section sits in the code
  1. Title 12. Decedents’ Estates and Fiduciary Relations
  2. Administration of Decedents’ Estates
  3. CHAPTER 31. Suits Against Executors and Administrators
  4. Subchapter I. Suit for Legacy or Distributive Share

If, upon proceedings under this subchapter, the assets are found insufficient to pay all the debts and legacies of the testator, execution shall be awarded only for such proportion of the assets as may be properly applicable to the plaintiff’s legacy, but judgment for the whole legacy shall be entered and shall stand as a security for the payment of the residue of the legacy, when sufficient assets for such payment shall come to the hands of the executor or administrator. A scire facias shall lie for further execution, suggesting that other assets have come to the hands of the executor or administrator.

Collected 2026-09-05T23:02:15Z. Source file · JSON

Browse this collection