Delaware § 2106 Petition to Court of Chancery to determine order of preference

Delaware Statutes

§ 2106 — Petition to Court of Chancery to determine order of preference

Delaware § 2106

Title12

PartAdministration of Decedents’ Estates

Ch. 21DEBTS OF AND CLAIMS AGAINST ESTATE

This text of Delaware § 2106 (Petition to Court of Chancery to determine order of preference) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 2106 (2026).

Text

Whenever an executor or administrator is unable to determine between 2 or more creditors the order of preference to be given to their respective demands, the executor or administrator may, upon petition to the Court of Chancery, have the parties in interest summoned to appear in the Court, and upon hearing duly had the Court shall determine the order of preference to be given to the respective demands of the creditors who may have been made parties to the proceeding. Upon compliance with such determination the petitioner and the petitioner’s sureties shall be discharged from all further liability in respect to the preference made by the Court.

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Whenever an executor or administrator is unable to determine between 2 or more creditors the order of preference to be given to their respective demands, the executor or administrator may, upon petition to the Court of Chancery, have the parties in interest summoned to appear in the Court, and upon hearing duly had the Court shall determine the order of preference to be given to the respective demands of the creditors who may have been made parties to the proceeding. Upon compliance with such determination the petitioner and the petitioner’s sureties shall be discharged from all further liability in respect to the preference made by the Court.

Legislative History

Code 1915, § 3410A; 28 Del. Laws, c. 226, § 1 ; Code 1935, § 3837; 41 Del. Laws, c. 191, § 4 ; 12 Del. C. 1953, § 2106; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1