§ 2707 — Effect of contribution in advance of sale to payment of debts; contribution to equalize burden after sale

If any devisee, or person holding any part of the real estate, contributes so much as the Court of Chancery adjudges to be devisee’s or other person’s proportionable part towards payment of the outstanding debts, no order shall be made for the sale of the premises owned or held by the devisee or other person. A devisee or other owner of premises which shall be sold pursuant to an order under this chapter may compel contribution to equalize the burden from any other owner if more than devisee’s or other person’s proportionate share towards payment of the debts is raised by the sale.

Legislative History

Code 1852, § 1886; Code 1915, § 3424; Code 1935, § 3884; 12 Del. C. 1953, § 2712; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1