{"data":{"id":"us-de/12-del.-c.-3101","jurisdiction":"us-de","citation":"12 Del. C. § 3101","heading":"Action at law.","body":"(a) An action at law may be maintained against an executor or administrator for a legacy or distributive share that is due. Assets in the executor’s or administrator’s hands to pay a legacy shall create a legal liability and raise a consequent promise to pay it. If there are not sufficient assets to pay the whole legacy, a part may be recovered. If the delivery of a specific legacy has been refused, the value of it may be recovered by an action at law. There shall be a legal liability to pay a distributive share and a consequent implied promise.\n(b) An action at law shall not lie for a legacy which is either directly or by implication the subject of a trust.","path":["Title 12. Decedents’ Estates and Fiduciary Relations","Administration of Decedents’ Estates","CHAPTER 31. Suits Against Executors and Administrators","Subchapter I. Suit for Legacy or Distributive Share"],"source_url":"https://delcode.delaware.gov/title12/c031/sc01/index.html#3101","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:15Z","sha256":"0652d69625f045845cd0f7b3d89c63ed9cbff5a85424b6b873de54ac99b744ae","source_id":"us-de","stale":true,"prev":"us-de/12-del.-c.-2915","next":"us-de/12-del.-c.-3102"},"notice":"GroundRules: Original legal text. Not legal advice."}