COURT OF CHANCERY OF THE STATE OF DELAWARE PATRICIA W. GRIFFIN CHANCERY COURTHOUSE MASTER IN CHANCERY 34 The Circle GEORGETOWN, DELAWARE 19947
Date Submitted: May 16, 2022 Final Report: June 10, 2022
Michael F. McGroerty, Esquire Catrina Aikens Law Office of Michael F. McGroerty, P.A. 103 Newton Drive 110 North Pine Street Bear, Delaware 19701 Seaford, Delaware 19973
Melissa Morgan Asia Wilson 229 Bill Stewart Blvd. 2507 North Market Street LaVerne, TN 37086 Wilmington, Delaware 19802
Wilbert Octavis Mable, Jr. Ameer Marquis Octavis Mable 1120 B Street 16 South Street Wilmington, Delaware 19801 New Castle, Delaware 19720
RE: In re Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG
Dear Counsel and Parties:
Pending before me is a matter in which a beneficiary of an estate seeks
removal of the estate’s personal representative and appointment as the successor
personal representative. While this matter was being litigated, the personal
representative filed a notice with the New Castle County Register of Wills of her
intent to resign as personal representative of the estate. On April 12, 2022, I asked
the parties to submit status reports regarding the status of this matter in light of
developments with the Register of Wills. Only the beneficiary responded to this The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
request, arguing that the Court should decide in the first instance who should be
appointed as successor personal representative. In this report, I reject the
beneficiary’s argument and stay proceedings in this matter until the Register of
Wills acts on pending petitions before it. This is a final report.
I. Background
Wilbert Octavis Mable, Sr. (“Decedent”) passed away on July 23, 2015.1
Catrina Aikens (“Aikens”) filed a Petition for Authority to Act as Personal
Representative with the New Castle County Register of Wills (“Register”) on
January 26, 2015.2 Asia Mable (“Asia”), Joe Ann Mable, and Wileysha Mable
(“Wileysha”) filed renunciations of the right and power of administration of
Decedent’s estate with Aikens’ petition.3 On January 29, 2016, the Register
appointed Aikens as personal representative of the Estate of Wilbert Octavis
Mable, Sr. (“Estate”).4 On March 19, 2019, after a period of inaction, the Register
ordered that it would take no further action on the case, and would not set up a rule
to show cause proceeding to seek removal of Aikens as personal representative.5
1 Docket Item (“D.I”) 1, ¶ 1; In the Matter of Wilbert Octavis Mable, Sr., New Castle County Register of Wills Folio No. 162238 [hereinafter “ROW Folio”], D.I. 1. 2 ROW Folio, D.I. 1. 3 Id. I use first names in pursuit of clarity and intend no familiarity or disrespect. 4 Id. 5 ROW Folio, D.I. 4.
2 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
On February 13, 2020, Wileysha filed a Petition for Authority to Act as
Personal Representative (“ROW Petition”).6 Also on February 13, 2020, Wileysha
filed the Petition to Remove Administratrix and Appoint New Administration
(“Chancery Petition”) with this Court, naming Aikens as respondent in her
capacity as personal representative of the Estate and asking the Court to remove
Aikens for failure to administer the Estate.7 On March 31, 2020, Wileysha moved
for default judgment.8 On May 21, 2020, Aikens filed a claim against the Estate
with the Register in the amount of $49,850.00.9 By letter dated July 7, 2020,
Aikens responded to the motion for default judgment, arguing that Wileysha and
some of her siblings were not the Decedent’s biological children.10 At a hearing on
September 10, 2020, I denied the motion for default judgment and ordered that an
evidentiary hearing would be scheduled to resolve the various claims raised,
including whether Wileysha’s prior renunciation was void or revoked.11
The matter in this Court proceeded to discovery and discovery disputes.12
On or before March 7, 2022, Aikens contacted the Register and announced her
6 ROW Folio, D.I. 5. 7 D.I. 1. 8 D.I. 5. 9 ROW Folio, D.I. 8. 10 D.I. 7. 11 D.I. 12. 12 See D.I. 15; D.I. 16; D.I. 17; D.I. 21; D.I. 23; D.I. 24.
3 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
intent to resign as personal representative of the Estate.13 On March 22, 2022,
Aikens filed with the Register her request to resign as personal representative of
the Estate.14 Also on March 22, 2022, Asia filed a letter with the Register asking
to be appointed as successor personal representative.15 On March 28, 2022, the
Register requested that Wileysha respond to the letters filed by Aikens and Asia.16
The parties also filed letters with this Court about these developments. On
March 25, 2022, Asia filed a letter requesting DNA testing of certain parties.17 On
March 29, 2022, Aikens filed a letter noting that she had submitted a resignation to
the Register and contending that she should not be responsible for Wileysha’s
attorneys fees.18 On March 31, 2022, Wileysha filed a letter, taking issue with
transactions that occurred under Aikens’ administration of the Estate.19 On April
5, 2022, Wileysha filed another letter, indicating that certain parties have filed a
petition to adjudicate paternity in the Family Court.20
13 ROW Folio, D.I. 9. 14 ROW Folio, D.I. 10. 15 ROW Folio, D.I. 11. 16 ROW Folio, D.I. 12. 17 D.I. 26. 18 D.I. 29. 19 D.I. 31. 20 D.I. 32.
4 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
On April 12, 2022, I sent a letter to the parties requesting status reports and
their positions on what remained before this Court in light of Aikens’ actual or
purported resignation as personal representative of the Estate.21 On May 12, 2022,
Wileysha filed a letter with this Court, arguing that there are still issues for the
Court to adjudicate under the Chancery Petition.22 On May 11, 2022, Wileysha
filed a letter with the Register, asking the Register to adjudicate the ROW
Petition.23 On May 16, 2022, Wileysha filed another letter with this Court, arguing
that Court of Chancery Rule 207 allows the Court to adjudicate any petition related
to an estate matter.24
II. Analysis
The Chancery Petition seeks only two actions for relief: (1) removing
Aikens as personal representative of the Estate and (2) directing the Register to
appoint Wileysha as personal representative of the Estate.25 There are no other
pleadings in this matter. Aikens has voluntarily purported to resign as the personal
representative of the Estate.26 Thus, at least part of the Chancery Petition is no
longer a live controversy because Aikens has voluntarily requested to resign. The
21 D.I. 34. 22 D.I. 35. 23 ROW Folio, D.I. 15. 24 D.I. 37. 25 D.I. 1, at 3.
5 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
issue before me is whether the Court may act to appoint Wileysha as successor
personal representative or whether the Register must act in the first instance.
The Chancery Petition was filed under 12 Delaware Code § 1541,27 which
states in relevant part, “If an executor or administrator neglects official duties, the
Court of Chancery may remove the executor or administrator from office.”28 In an
appropriate case following such a removal, the Court could appoint a successor
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COURT OF CHANCERY OF THE STATE OF DELAWARE PATRICIA W. GRIFFIN CHANCERY COURTHOUSE MASTER IN CHANCERY 34 The Circle GEORGETOWN, DELAWARE 19947
Date Submitted: May 16, 2022 Final Report: June 10, 2022
Michael F. McGroerty, Esquire Catrina Aikens Law Office of Michael F. McGroerty, P.A. 103 Newton Drive 110 North Pine Street Bear, Delaware 19701 Seaford, Delaware 19973
Melissa Morgan Asia Wilson 229 Bill Stewart Blvd. 2507 North Market Street LaVerne, TN 37086 Wilmington, Delaware 19802
Wilbert Octavis Mable, Jr. Ameer Marquis Octavis Mable 1120 B Street 16 South Street Wilmington, Delaware 19801 New Castle, Delaware 19720
RE: In re Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG
Dear Counsel and Parties:
Pending before me is a matter in which a beneficiary of an estate seeks
removal of the estate’s personal representative and appointment as the successor
personal representative. While this matter was being litigated, the personal
representative filed a notice with the New Castle County Register of Wills of her
intent to resign as personal representative of the estate. On April 12, 2022, I asked
the parties to submit status reports regarding the status of this matter in light of
developments with the Register of Wills. Only the beneficiary responded to this The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
request, arguing that the Court should decide in the first instance who should be
appointed as successor personal representative. In this report, I reject the
beneficiary’s argument and stay proceedings in this matter until the Register of
Wills acts on pending petitions before it. This is a final report.
I. Background
Wilbert Octavis Mable, Sr. (“Decedent”) passed away on July 23, 2015.1
Catrina Aikens (“Aikens”) filed a Petition for Authority to Act as Personal
Representative with the New Castle County Register of Wills (“Register”) on
January 26, 2015.2 Asia Mable (“Asia”), Joe Ann Mable, and Wileysha Mable
(“Wileysha”) filed renunciations of the right and power of administration of
Decedent’s estate with Aikens’ petition.3 On January 29, 2016, the Register
appointed Aikens as personal representative of the Estate of Wilbert Octavis
Mable, Sr. (“Estate”).4 On March 19, 2019, after a period of inaction, the Register
ordered that it would take no further action on the case, and would not set up a rule
to show cause proceeding to seek removal of Aikens as personal representative.5
1 Docket Item (“D.I”) 1, ¶ 1; In the Matter of Wilbert Octavis Mable, Sr., New Castle County Register of Wills Folio No. 162238 [hereinafter “ROW Folio”], D.I. 1. 2 ROW Folio, D.I. 1. 3 Id. I use first names in pursuit of clarity and intend no familiarity or disrespect. 4 Id. 5 ROW Folio, D.I. 4.
2 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
On February 13, 2020, Wileysha filed a Petition for Authority to Act as
Personal Representative (“ROW Petition”).6 Also on February 13, 2020, Wileysha
filed the Petition to Remove Administratrix and Appoint New Administration
(“Chancery Petition”) with this Court, naming Aikens as respondent in her
capacity as personal representative of the Estate and asking the Court to remove
Aikens for failure to administer the Estate.7 On March 31, 2020, Wileysha moved
for default judgment.8 On May 21, 2020, Aikens filed a claim against the Estate
with the Register in the amount of $49,850.00.9 By letter dated July 7, 2020,
Aikens responded to the motion for default judgment, arguing that Wileysha and
some of her siblings were not the Decedent’s biological children.10 At a hearing on
September 10, 2020, I denied the motion for default judgment and ordered that an
evidentiary hearing would be scheduled to resolve the various claims raised,
including whether Wileysha’s prior renunciation was void or revoked.11
The matter in this Court proceeded to discovery and discovery disputes.12
On or before March 7, 2022, Aikens contacted the Register and announced her
6 ROW Folio, D.I. 5. 7 D.I. 1. 8 D.I. 5. 9 ROW Folio, D.I. 8. 10 D.I. 7. 11 D.I. 12. 12 See D.I. 15; D.I. 16; D.I. 17; D.I. 21; D.I. 23; D.I. 24.
3 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
intent to resign as personal representative of the Estate.13 On March 22, 2022,
Aikens filed with the Register her request to resign as personal representative of
the Estate.14 Also on March 22, 2022, Asia filed a letter with the Register asking
to be appointed as successor personal representative.15 On March 28, 2022, the
Register requested that Wileysha respond to the letters filed by Aikens and Asia.16
The parties also filed letters with this Court about these developments. On
March 25, 2022, Asia filed a letter requesting DNA testing of certain parties.17 On
March 29, 2022, Aikens filed a letter noting that she had submitted a resignation to
the Register and contending that she should not be responsible for Wileysha’s
attorneys fees.18 On March 31, 2022, Wileysha filed a letter, taking issue with
transactions that occurred under Aikens’ administration of the Estate.19 On April
5, 2022, Wileysha filed another letter, indicating that certain parties have filed a
petition to adjudicate paternity in the Family Court.20
13 ROW Folio, D.I. 9. 14 ROW Folio, D.I. 10. 15 ROW Folio, D.I. 11. 16 ROW Folio, D.I. 12. 17 D.I. 26. 18 D.I. 29. 19 D.I. 31. 20 D.I. 32.
4 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
On April 12, 2022, I sent a letter to the parties requesting status reports and
their positions on what remained before this Court in light of Aikens’ actual or
purported resignation as personal representative of the Estate.21 On May 12, 2022,
Wileysha filed a letter with this Court, arguing that there are still issues for the
Court to adjudicate under the Chancery Petition.22 On May 11, 2022, Wileysha
filed a letter with the Register, asking the Register to adjudicate the ROW
Petition.23 On May 16, 2022, Wileysha filed another letter with this Court, arguing
that Court of Chancery Rule 207 allows the Court to adjudicate any petition related
to an estate matter.24
II. Analysis
The Chancery Petition seeks only two actions for relief: (1) removing
Aikens as personal representative of the Estate and (2) directing the Register to
appoint Wileysha as personal representative of the Estate.25 There are no other
pleadings in this matter. Aikens has voluntarily purported to resign as the personal
representative of the Estate.26 Thus, at least part of the Chancery Petition is no
longer a live controversy because Aikens has voluntarily requested to resign. The
21 D.I. 34. 22 D.I. 35. 23 ROW Folio, D.I. 15. 24 D.I. 37. 25 D.I. 1, at 3.
5 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
issue before me is whether the Court may act to appoint Wileysha as successor
personal representative or whether the Register must act in the first instance.
The Chancery Petition was filed under 12 Delaware Code § 1541,27 which
states in relevant part, “If an executor or administrator neglects official duties, the
Court of Chancery may remove the executor or administrator from office.”28 In an
appropriate case following such a removal, the Court could appoint a successor
personal representative or executor.29 Here, though, the Court has made no
findings regarding removal of the personal representative or taken any action that
would require the appointment of a successor personal representative.
Under Title 12, Chapter 15 of the Delaware Code, the Register of Wills for
the respective counties grants letters of administration and appoints personal
representatives.30 Title 12 of the Delaware Code specifically addresses the
appointment of a successor administrator during the pendency of litigation
26 ROW Folio, D.I. 10. 27 See D.I. 2. 28 12 Del. C. § 1541(a). 29 See, e.g., Scholl v. Murphy, 2002 WL 31112203 (Del. Ch. Sept. 4, 2002); Est. of Lockwood, 1982 WL 149627 (Del. Ch. Aug 11, 1982). 30 See 12 Del. C. § 1502(a) (“… letters testamentary shall be granted by the Register of Wills …”); 12 Del. C. § 1504(a) (“Letters of administration …. shall be granted by the Register of Wills …”); 12 Del. C. § 1505(a) (“… letters of ancillary administration … shall be gratned by a Register of Wills ….”); 12 Del. C. § 1505(e) (“Any interested person may petition the Register of Wills of a proper county for the appointment of an administrator.”).
6 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
concerning the right administer an estate. “Administration during the pendency of
litigation concerning … the right to administer … may be granted by the Register
of Wills.”31
In a supplemental filing, Wileysha contends that Court of Chancery Rule
207 allows the Court to adjudicate any petition related to the administration of
estates.32 However, Court of Chancery Rule 207 does not create a separate cause
of action; rather, it lists various petitions authorized by other law related to estates
and trusts that may be filed in this Court and confirms that they will be treated as
civil action matters in this Court as opposed to civil miscellaneous matters.33
Therefore, because this Court has made no removal of the personal
representative of the Estate, the Register should decide the appointment of a
successor administrator by adjudicating Aikens’ request to resign and the ROW
Petition in the first instance.34 Should any dispute remain following the Register’s
31 12 Del. C. §1507(c). 32 D.I. 37. 33 See Court of Chancery, Rule Amendments Effective January 1, 2015, https://www.courts.delaware.gov/chancery/ruleupdates.aspx (last visited June 8, 2022) (“Rule 207 has been revised to clarify the types of cases that must be filed as Civil Actions (‘CAs’) rather than Civil Miscellaneous matters (‘CMs’).”). 34 See In re Est. of Trammel, 2010 WL 692328 (Del. Ch. Feb. 9, 2010) (remanding a matter to the Register of Wills after removing an administrator for determination of the appointment of a successor administrator), aff’d, 7 A.3d 485 (Del. 2010) (TABLE).
7 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
adjudication of Aikens’ request to resign and the ROW Petition, the parties may
return to the Court for review of the Register’s decision.35
Until such a time as a party seeks review of the Register’s decision, this
matter is STAYED. “The Court’s right to grant a stay is within the exclusive
discretion of the Court. The discretion to issue a stay is inherent in every court and
flows from its control over the disposition of cases on its docket.”36 Here, a stay is
appropriate while the Register makes a decision on the issues before the Register in
the first instance.37 Once the Register has made its decision, any issues remaining
in this matter may be addressed by the Court, and the parties may bring any issues
regarding the Register’s decision to the Court for review.
35 See 12 Del. C. § 2502(b) (all decisions of the Register of Wills are “subject to being set aside or modified by the Court [of Chancery] at any time within 30 days thereafter”). 36 In re Bay Hills Emerging Partners I, LP, 2018 WL 3545305, at *2 (Del. Ch. July 23, 2018) (internal quotation marks and citation omitted).
8 The Estate of Wilbert Octavis Mable, Sr. C.A. No. 2020-0089-PWG June 10, 2022
III. Conclusion
Therefore, I recommend that the Court STAY this matter until the New
Castle County Register of Wills resolves the petitions and issues before it
regarding the administration of the Estate. This is a final master’s report, and
exceptions may be taken under Court of Chancery Rule 144.
Sincerely,
/s/ Patricia W. Griffin
Patricia W. Griffin Master in Chancery
cc: New Castle County Register of Wills
37 See generally Terrell v. Kiromic Biopharma, Inc., 2022 WL 175858, at *7 (Del. Ch. Jan. 20, 2022) (staying further consideration pending decision by another entity of the applicability of a contractual provision).