reglab/housing_qa huggingface dataset:
12 DE Code § 2353. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 23. Accounting and Distribution|Subchapter IV. Nondomiciliary Decedents’ Estates|§ 2353. Notice to domiciliary state.

§ 2353. Notice to domiciliary state. If the proof required by § 2352 of this title has not been filed within the time prescribed by that section, and if within such time it does not appear that letters testamentary or of administration have been issued in the domiciliary state, the Register of Wills shall forthwith upon the expiration of such time notify by mail the official or body of the domiciliary state charged with the administration of the death tax laws thereof with respect to such estate, and shall state in such notice so far as is known to the Register:  (1) The name, date of death and last domicile of such decedent, (2) The name and address of each executor or administrator, (3) A summary of the values of the real estate, tangible personalty and intangible personalty, wherever situated, belonging to such decedent at the time of the decedent's death and (4) The fact that such executor or administrator has not filed theretofore the proof required by § 2352 of this title. The Register shall attach to such notice a plain copy of the will and codicils of such decedent, if the decedent died testate, or, if the decedent died intestate, a list of heirs and next of kin so far as is known to such Register. 42 Del. Laws, c. 138, §  1;  12 Del. C. 1953, §  2353;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2354. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 23. Accounting and Distribution|Subchapter IV. Nondomiciliary Decedents’ Estates|§ 2354. Accounting and decree of Court of Chancery upon petition of domiciliary state.

§ 2354. Accounting and decree of Court of Chancery upon petition of domiciliary state. Within 60 days after the mailing of the notice required by § 2353 of this title, the official or body charged with the administration of the death tax laws of the domiciliary state may file with the Court of Chancery in this State a petition for an accounting in such estate, and such official or body of the domiciliary state shall, for the purposes of this section, be a party interested for the purpose of petitioning the Court for such accounting. If such petition be filed within said period of 60 days, the Court shall decree such accounting and, upon such accounting being filed and approved, shall decree either the payment of any such tax found to be due to the domiciliary state or subdivision thereof or the remission to a fiduciary appointed or to be appointed by the probate court, or other court charged with the administration of estates of decedents, of the domiciliary state, of the balance of the intangible personalty after the payment of creditors and expenses of administration in this State. 42 Del. Laws, c. 138, §  1;  12 Del. C. 1953, §  2354;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2355. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 23. Accounting and Distribution|Subchapter IV. Nondomiciliary Decedents’ Estates|§ 2355. Prerequisites of approval of final account.

§ 2355. Prerequisites of approval of final account. No final account of an executor or administrator of a nondomiciliary decedent shall be approved unless either:  (1) Proof has been filed as required by § 2352 of this title, or (2) Notice under § 2353 of this title has been given to the official or body charged with the administration of the death tax laws of the domiciliary state, and such official or body has not petitioned for an accounting under § 2354 of this title within 60 days after the mailing of such notice, or (3) An accounting has been had under § 2354 of this title, a decree has been made upon such accounting and it appears that the executor or administrator has paid such sums and remitted such securities, if any, as the executor or administrator was required to pay or remit by such decree, or (4) It appears that letters testamentary or of administration have been issued by the domiciliary state and that no notice has been given under § 2353 of this title.42 Del. Laws, c. 138, §  1;  12 Del. C. 1953, §  2355;  59 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 2356. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 23. Accounting and Distribution|Subchapter IV. Nondomiciliary Decedents’ Estates|§ 2356. Applicability of subchapter.

§ 2356. Applicability of subchapter. This subchapter shall apply to the estate of a nondomiciliary decedent only in case the laws of the domiciliary state contain a provision, of any nature or however expressed, whereby this State is given reasonable assurance, as finally determined by the Division of Revenue, of the collection of its death taxes, interest and penalties from the estates of decedents dying domiciled in this State, when such estates are administered in whole or in part by a probate court, or other court charged with the administration of estates of decedents, in such other state. 42 Del. Laws, c. 138, §  1;  12 Del. C. 1953, §  2356;  59 Del. Laws, c. 384, §  1;
12 DE Code § 2357. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 23. Accounting and Distribution|Subchapter IV. Nondomiciliary Decedents’ Estates|§ 2357. Construction of subchapter.

§ 2357. Construction of subchapter. This subchapter shall be liberally construed in order to ensure that the domiciliary state of any nondomiciliary decedent whose estate is administered in this State shall receive any death taxes, together with interest and penalties thereon, due to it from the estate of such decedent. 42 Del. Laws, c. 138, §  1;  12 Del. C. 1953, §  2357;  59 Del. Laws, c. 384, §  1;
12 DE Code § 3101. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3101. Action at law.

§ 3101. Action at law. (a) An action at law may be maintained against an executor or administrator for a legacy or distributive share that is due. Assets in the executor's or administrator's hands to pay a legacy shall create a legal liability and raise a consequent promise to pay it. If there are not sufficient assets to pay the whole legacy, a part may be recovered. If the delivery of a specific legacy has been refused, the value of it may be recovered by an action at law. There shall be a legal liability to pay a distributive share and a consequent implied promise. (b) An action at law shall not lie for a legacy which is either directly or by implication the subject of a trust. Code 1852, §§  1852-1854, 2591, 2592;  Code 1915, §§  3397, 4520;  Code 1935, §§  3860, 4974;  12 Del. C. 1953, §  3101;
12 DE Code § 3102. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3102. Action by infant legatee.

§ 3102. Action by infant legatee. An infant legatee may sue for the legacy by guardian or next friend, as in other cases. Code 1852, §  2593;  Code 1915, §  4521;  Code 1935, §  4975;  12 Del. C. 1953, §  3102;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3103. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3103. Appointment of auditors; duties.

§ 3103. Appointment of auditors; duties. If the defense to an action for a legacy is insufficient assets to pay all the debts and legacies, the court shall appoint auditors to examine the accounts of the executor or administrator with the will annexed. The auditors, after full hearing of the parties upon notice to them respectively of the times and places of such hearing, shall report the condition of the accounts, what assets will remain after payment of the debts and what proportion of such residue is properly applicable to the plaintiff's legacy, having regard to all such settlements of the accounts as may have been made before any court or officer having authority to settle the same. Code 1852, §  2595;  Code 1915, §  4523;  Code 1935, §  4977;  12 Del. C. 1953, §  3103;
12 DE Code § 3104. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3104. Exceptions to auditors' report.

§ 3104. Exceptions to auditors' report. Exceptions may be taken by either of the parties to the report of auditors and thereupon the court, upon hearing the exceptions, may correct any errors in such report. Code 1852, §  2596;  Code 1915, §  4524;  Code 1935, §  4978;  12 Del. C. 1953, §  3104;
12 DE Code § 3105. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3105. Judgment and execution.

§ 3105. Judgment and execution. If, upon proceedings under this subchapter, the assets are found insufficient to pay all the debts and legacies of the testator, execution shall be awarded only for such proportion of the assets as may be properly applicable to the plaintiff's legacy, but judgment for the whole legacy shall be entered and shall stand as a security for the payment of the residue of the legacy, when sufficient assets for such payment shall come to the hands of the executor or administrator. A scire facias shall lie for further execution, suggesting that other assets have come to the hands of the executor or administrator. Code 1852, §  2597;  Code 1915, §  4525;  Code 1935, §  4979;  12 Del. C. 1953, §  3105;
12 DE Code § 3106. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3106. Costs; liability of personal representative therefor.

§ 3106. Costs; liability of personal representative therefor. The court shall exercise equitable powers in respect to costs. In case of inexcusable neglect or delay on the part of the executor or administrator to pay the legacy demanded or a proportional part thereof the court may order that the costs be paid by the executor or administrator. No costs shall be recovered in an action brought for a legacy without a reasonable demand for the same first made upon the executor or administrator who ought to pay the same. Code 1852, §  2598;  Code 1915, §  4526;  Code 1935, §  4980;  12 Del. C. 1953, §  3106;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3107. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter I. Suit for Legacy or Distributive Share|§ 3107. Security to refund legacy.

§ 3107. Security to refund legacy. The court shall exercise equitable powers in requiring the plaintiff to give security to refund the legacy or any part thereof and also in respect to the delivery and acceptance of a specific legacy. Code 1852, §  2599;  Code 1915, §  4527;  Code 1935, §  4981;  12 Del. C. 1953, §  3107;
12 DE Code § 3121. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter II. General|§ 3121. Consequences of instituting suit without presenting claim.

§ 3121. Consequences of instituting suit without presenting claim. If in an action against an executor or administrator for a debt against the decedent the affidavit required by § 2104 of this title is not produced by the plaintiff, the action shall, upon motion, be dismissed and if such action has been brought, without previously exhibiting to the defendant an affidavit in due form, the plaintiff shall not recover any costs, unless the action has been controverted. The question of disallowance of costs shall be decided by the court on a rule to show cause, which shall not be granted unless the exhibiting of an affidavit be denied on oath or affirmation. Code 1852, §  1836;  Code 1915, §  3376;  Code 1935, §  3841;  12 Del. C. 1953, §  3121;
12 DE Code § 3122. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter II. General|§ 3122. Process; default judgment and proceedings thereon.

§ 3122. Process; default judgment and proceedings thereon. In an action against an executor or administrator the first process shall be a summons. If the defendant, being summoned, does not appear, judgment by default shall be entered against the defendant and upon such judgment the Superior Court may, upon motion, order the Prothonotary to ascertain the amount in which case, at least 5 days' written notice shall be given to the defendant of the time when the Prothonotary will consider the case and execution may be issued as soon as the amount is ascertained or, upon such judgment by default, a rule of reference may be entered as prescribed in Chapter 47 of Title 10 or a writ of inquiry awarded if it be a case proper for the writ. Code 1852, §  1863;  Code 1915, §  3400;  Code 1935, §  3863;  12 Del. C. 1953, §  3122;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3123. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter II. General|§ 3123. Effect of judgment against executor or administrator.

§ 3123. Effect of judgment against executor or administrator. (a) The effect of judgments against executors or administrators, on the report of referees, as to the question of assets and the lien of such judgments on the real estate of the deceased shall be as provided by Chapter 47 of Title 10. (b) Judgments before justices of the peace against executors and administrators shall be judgments of assets. Writs of scire facias upon a suggestion of waste may be sued out and tried. Judgment and execution shall be awarded, as provided by § 9542 of Title 10. Code 1852, §  1864;  Code 1915, §  3401;  Code 1935, §  3864;  12 Del. C. 1953, §  3123;
12 DE Code § 3124. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter II. General|§ 3124. Costs; allowance in account.

§ 3124. Costs; allowance in account. Costs shall be awarded to and against executors and administrators in like manner as other parties, but costs awarded against them shall not be allowed in their accounts, unless the court shall certify the propriety of such allowance or there is other good evidence that they were properly incurred. Code 1852, §  1865;  Code 1915, §  3402;  Code 1935, §  3865;  12 Del. C. 1953, §  3124;
12 DE Code § 3125. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 31. Suits Against Executors and Administrators|Subchapter II. General|§ 3125. Suit for specific performance of decedent's contract for sale of real estate; proof and recording of contract; effect of deed.

§ 3125. Suit for specific performance of decedent's contract for sale of real estate; proof and recording of contract; effect of deed. (a) Before suit shall be brought against an executor or administrator upon a written contract of the decedent under seal or under hand and attested by 1 or more witnesses for the conveyance of any real estate within the State, the person with whom such contract was made or who is entitled to the benefit thereof, either as heir, devisee, assignee or otherwise, shall cause the contract to be proved in the Court of Chancery in the county where the premises are situated and recorded in the recorder's office therein and shall thereupon apply to the executor or administrator for the fulfillment of the contract. Thereupon, the executor or administrator, if the consideration of the premises has been paid or upon payment thereof, may exhibit to such Court a petition stating the facts and praying authority to convey the premises in execution of the contract. The Court may inquire into the case and order specific performance of the contract, according to equity and good conscience. A deed made pursuant to such order shall be as effectual as if executed by the decedent in the decedent's lifetime. (b) If the premises lie partly in 2 counties, the proof may be taken and the order made in either, but the contract must be recorded in each. (c) If it is evident that the executor or administrator cannot fulfill the contract specifically or if it is a case in which a specific execution ought not to be accepted, proceedings under this section shall not be necessary. (d) If a suit is brought against the true intent of this section, the Court may dismiss the action. Code 1852, §§  1859-1862;  Code 1915, §  3399;  Code 1935, §  3862;  12 Del. C. 1953, §  3125;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3501. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property|§ 3501. Appointment authorized; effect of execution of power by appointee.

§ 3501. Appointment authorized; effect of execution of power by appointee. When any person or persons or any of such persons as may be the donee or donees of any power or powers under any trust are out of the jurisdiction of or not amenable to the process of the Court of Chancery or are mentally ill or it is uncertain whether such person or persons or any of such persons are living or dead, the Court of Chancery may, when in its discretion it may deem the objects and purposes of any such trust are in danger of not being performed or effectuated, appoint a person or persons to execute the power or powers under any such trust and such execution shall be made, by such person or persons so appointed, in the same manner and by the same method as shall be pointed out by the trust, whereby such power or powers were created. Such execution of any such power or powers by any person or persons so appointed shall be as effectual, to all intents and purposes, and with the same force and effect as if the same had been executed by such donee or donees. The Court of Chancery shall be satisfied that the beneficial interests of the donees or other beneficiaries under such trust are not by such action impaired. 21 Del. Laws, c. 122, §  1;  Code 1915, §  3863;  Code 1935, §  4387;  12 Del. C. 1953, §  3501;  49 Del. Laws, c. 57, §  1;
12 DE Code § 3502. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property|§ 3502. Procedure for appointment of trustee.

§ 3502. Procedure for appointment of trustee. The Court of Chancery may make any appointment or direction under § 3501 of this title, by an order made in any cause pending in that Court or upon petition of 1 or more of those interested in the trust or by the remaining or surviving donee or donees of any such power or powers. The Court of Chancery may, upon presentation of any such petition, take such testimony as it deems necessary to satisfy the Court that the granting of such petition will not impair the beneficial interest of any of the donees and other beneficiaries under such trust. Such testimony may be taken orally, at the bar of the Court, or by depositions. 21 Del. Laws, c. 122, §  2;  Code 1915, §  3864;  Code 1935, §  4388;  12 Del. C. 1953, §  3502;
12 DE Code § 3503. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property|§ 3503. Appointment of trustee to convey realty; effect of conveyance by appointee.

§ 3503. Appointment of trustee to convey realty; effect of conveyance by appointee. When any person seised of lands, tenements or hereditaments upon any trust is out of the jurisdiction of or not amenable to the process of the Court of Chancery or is mentally ill or it is uncertain where there were several trustees which of them was the survivor or it is uncertain whether the trustee last known to have been seised as aforesaid is living or dead or, if known to be dead, it is not known who are the trustee's heirs at law or if any trustee seised as aforesaid or the heirs at law of any such trustee neglect or refuse to convey such lands, tenements or hereditaments to the person entitled to receive such conveyance, for 20 days next after a proper deed for making such conveyance has been tendered for such person or their execution, by the person so entitled or the person's agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situated may appoint a person to convey the same to such person and in such manner as the Court directs. Any conveyance so made shall be as effectual, to all intents and purposes, as if the same had been executed by the trustee or the trustee's heirs at law. 11 Del. Laws, c. 90, §  1;  Code 1915, §  3865;  Code 1935, §  4389;  12 Del. C. 1953, §  3503;  49 Del. Laws, c. 57, §  1;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3504. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 35. Trusts|Subchapter I. Appointment of Trustee by Court; Title of Appointee to Trust Property|§ 3504. Appointment of trustee to assign term of years; effect of assignment by appointee.

§ 3504. Appointment of trustee to assign term of years; effect of assignment by appointee. When any person possessed of lands, tenements or hereditaments for a term of years upon trust is out of the jurisdiction or not amenable to the process of the Court of Chancery or it is uncertain whether the trustee last known to have possessed as aforesaid is living or dead or if any trustee or the executor of any such trustee neglects or refuses to assign such term to the person entitled to receive such assignment, for 20 days next after a proper legal instrument for making such assignment has been tendered for such person's execution by the person so entitled or such person's agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situated may appoint a person to make such assignment to such person and in such manner as the Court directs. Any assignment so made shall be as effectual to all intents and purposes as if the same had been made by the trustee or the trustee's executor. 11 Del. Laws, c. 90, §  2;  Code 1915, §  3866;  Code 1935, §  4390;  12 Del. C. 1953, §  3504;  70 Del Laws, c. 186,, §  1;