§ 1553 — Personalty in possession of life tenant; discharge of executor or administrator with will annexed; liability of life tenant

Delaware § 1553

• Jurisdiction: Delaware
• Title: 12
• Part: Administration of Decedents’ Estates
• Ch. 15: LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
• Subch.: Life Interest in Personalty Where Will Appoints No Trustee to Administer

Text

When the executor or administrator with the will annexed, in cases where the will so provides, leaves in the possession of the person entitled for life, perishable personal property, livestock, household goods, family stores and farming implements, together with the crops saved for the maintenance of such stock, the receipt of such person entitled for life to such executor or administrator with the will annexed shall discharge the executor or administrator with the will annexed of and from all liability for or concerning the goods and chattels and crops so devised and the appraised value thereof. The Register of Wills shall allow the amount of the appraisement of the goods and chattels in the account of the executor or administrator as a credit upon the production, at the time of passing the account, of the receipt; but such release shall not discharge the person so entitled for life, the person’s executor or administrator from liability to the person entitled to such personal property absolutely, after the death of the person entitled thereto for life, or prevent such action at law or in equity as is necessary to secure the delivery of such personal property or payment therefor, at its appraised value, to the person entitled thereto absolutely, after the death of the person entitled to such property for life.

Legislative History

21 Del. Laws, c. 295, § 1 ; Code 1915, § 3360; Code 1935, § 3825; 12 Del. C. 1953, § 1553; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1