§ 2319 — Transfer of investments or other property to guardian or trustee in payment of specific legacy or distributive share; receipt

Whenever an executor or administrator makes an assignment of any investment or transfers or delivers any personal property of any testator or intestate to a guardian or trustee as payment in whole or in part of a specific legacy or of a distributive share, such guardian or trustee shall give to the executor or administrator, for the purpose of accounting by the executor or administrator in the settlement of the estate only, a receipt therefor at the valuation fixed in the appraisement of the estate of such testator or intestate. The receipt, when filed with the Court of Chancery, shall be a sufficient discharge of such executor or administrator and of the executor’s or administrator’s sureties for any property so transferred or delivered, and such guardian or trustee may take over such property and may, without liability for any loss or depreciation therein, continue to hold the same, until in the exercise of due care it shall become no longer wise so to do. Nothing herein contained shall permit or require a guardian or trustee to take over in settlement of a distributive share of an estate property at a value less than the distributive portion of the estate to which such guardian or trustee would otherwise be entitled. In case a guardian or trustee is acting under authority of an instrument or a court order, the terms and provisions of such instrument or court order shall be controlling as to the powers and duties of such guardian or trustee.

Legislative History

20 Del. Laws, c. 114, § 3 ; 20 Del. Laws, c. 115, § 2 ; Code 1915, § 3394; 37 Del. Laws, c. 245, § 2 ; Code 1935, § 3858; 42 Del. Laws, c. 141, § 1 ; 12 Del. C. 1953, § 2319; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1