§ 1546 — Refusal to deliver unadministered assets

Delaware § 1546

• Jurisdiction: Delaware
• Title: 12
• Part: Administration of Decedents’ Estates
• Ch. 15: LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
• Subch.: Death, Removal or Discharge of Executor or Administrator

Text

(a) If any executor or administrator who has been removed refuses to deliver to a coexecutor or coadministrator, if there be such, and if not, to a successor, all the unadministered effects belonging to the deceased, which shall be in the executor’s or administrator’s hands, the Court of Chancery may, in a summary proceeding, upon the petition of such coexecutor, administrator or successor, hear the parties, and make an order for such delivery, and enforce the same by attachment, sequestration or any other process.

(b) The Court of Chancery may also proceed, in like manner, against the personal representative of a deceased executor or administrator, refusing to deliver, according to law, any such effects belonging to the estate of the first testator or intestate which shall come to personal representative’s hands.

Legislative History

Code 1852, §§ 1789, 1790; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1546; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1