Evening journal., 1909-10-26
NEW RULES in
EQUITY COURT
Chancellor Curtis Drafts Reg
ulatiOnS For Hearing of Ex-
CeptiOnS to Trustee Accounts
METHOD OF PROCEDURE
Is ALSO PRESCRIBED


Having observed that there are no statu-
tes or rules concerning the hearing OF ex-
coptions to accounts Of trustees. or pre-
scribing the procedure at such hearing,
Chancellor Charles NJ Curtis has form
ulated O. few rules to cover these matters.
The right TO except to trustees ac-
counts is not expressly provided for by
the constitution, OF any statute of the
state, or any rule OF court. It has always
been provided In the bond given by trus-
tees appointed by the Chancellor that
such trustees during the continuance Of
the trust. at least once in every two
years. and as often at other times as the
Chancellor shall direct. mako 10 the
Chancellor a Just and true account OF tho
estate and funds. but this provision did
not. until recently. apply TO any testament
tary trustee or to trustees appointed or
constituted other than by the Chancellor,
and as TO such there was not any re-
auirement until the enactment OF the sta
tute hereinafter referred TO.
( BY Chapter 22s. Volume 20, Laws Of Del
aware, approved April o. 1900. all trustees.
with certain exceptions ARE required to
hle with the Register IN Chanoery ac-
counts at least once IN every two years
and oftener and at such other times as the
Chancellor may direct. such accounts be-
ing afterwards submitted for approval OF
the Chancellor. But no provision Is made
IN this statute for taking or hearing such
exceptions.
The proposed rules. which have not been
adopted pending consideration thereof by
are as follows:
!. Dvery trustee shall flo with his ac-
count his vouchers and statement Of
the names and addresses OF all the trust
benehciaries then interested In the ac-
count and show whether each Of such
beneneiaries is OF fun age or a minor.
and the names and addresses Of the ap-
pointed guardians Of all suoh trust bene-
flciaries who are then minors and no
account shall be presented to the Chancei-
ior for approval until after the expiration
OF fifteen days from the date OF the filing
OF such account, vouchers and statement
unless by written consent OF all tho bene-
fciaries, or Of their guardians, then IN.
5 terested In the account. The trustee shall
be entitled to a receipt from the Register
in Chancery for the vouchers filed a.
aforesaid.
Upon tho filing Of an account with Tn,
vouchers and statement as above mon.
toned. the Register in Chancery shar
forthwith send by mail 10 each Of sale
benehciaries who are OF full age a motto,
in writing Of the filing Of the account ant
that the same viii be open for inspection
J for fifteen days from the date OF film,
. the account. In case any such henenciar,
shall be a minor having a guardian an
pointed In any manner such notice shal
be mailed forthwith TO such appointed
guardian. Notice to such guardian shal
constitute notice TO such minor
g. Exceptions to trustees accounts shal
be in writing and be filed in the office o
the Register in Chancery. Upon filing O
exceptions to the trustees account. tn,
Register in chancery shau forthwith Civ
notice thereof in writing. by mail. TO n,
trustee, and the exceptions viii be hear,
by the Chancellor after the expiration o
ten days from the time such notice 4
sent.
4. Upon tho approval Of the account tn
vouchers shall be returned to the &C
countant.
g. At the hearing OF exceptions the &C
countant win have the burden OF proc
and VIII be the first heard, then the ex
ceptant. with the right OF tho accountan
70 reply.
s. Testimony of witnesses either give
orally at the hearing, OF taken by depo
sitions upon commissions as in othe
causes in chancery. VIII be received b.
the Chancellor. OF by a master TO be ap
pointed. as the Chancellor may order
When testimony Is taken orally befor
the Chancellor stenographic notes Of sue
testimony shall be taken and transcrir
!. thereof made up for the record in case Q
4 appeal