Delaware § 2315 Payment of legacies or distributive shares to minors or persons absent from the State

Delaware Statutes

§ 2315 — Payment of legacies or distributive shares to minors or persons absent from the State

Delaware·Title 12·Part Administration of Decedents’ Estates·Ch. 23 ACCOUNTING AND DISTRIBUTION·Subch. Payment of Legacies or Distributive Shares

(a)If an executor or administrator cannot pay over money in the executor’s or administrator’s hands as such because of the infancy or absence from the State of a person entitled to a legacy or distributive share of personal estate, or any part thereof, the executor or administrator may deposit the same in any state or national bank with its principal office in the State to the credit of the person so entitled; and the executor or administrator shall take from the cashier a certificate of deposit, and deliver the same to the Register of Wills for the county where the deposit is made, to be by the Register of Wills recorded in accordance with § 2320 of this title; and the record of the certificate, or a certified copy thereof, shall be evidence.

(b)Whenever the party entitled to any depos

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(a) If an executor or administrator cannot pay over money in the executor’s or administrator’s hands as such because of the infancy or absence from the State of a person entitled to a legacy or distributive share of personal estate, or any part thereof, the executor or administrator may deposit the same in any state or national bank with its principal office in the State to the credit of the person so entitled; and the executor or administrator shall take from the cashier a certificate of deposit, and deliver the same to the Register of Wills for the county where the deposit is made, to be by the Register of Wills recorded in accordance with § 2320 of this title; and the record of the certificate, or a certified copy thereof, shall be evidence.

(b) Whenever the party entitled to any deposit under subsection (a) of this section is a minor, the executor or administrator shall, in respect to the minor, make a report to the Court of Chancery in the county where the deposit is made of the executor’s or administrator’s proceedings under subsection (a) of this section, and shall exhibit to and file in the Court, the original certificate of deposit, which shall be recorded in the Court.

(c) A deposit under this section and a compliance with its provisions shall be a sufficient discharge of the executor or administrator, and of the executor’s or administrator’s sureties, for the money so deposited.

Delaware § 2315 (Payment of legacies or distributive shares to minors or persons absent from the State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Code 1852, §§ 1848-1851; Code 1915, § 3391; Code 1935, § 3856; 12 Del. C. 1953, § 2315; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1 ; 63 Del. Laws, c. 142, § 29 ; 70 Del Laws, c. 186,, § 1