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2019 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.
Universal Citation: 12 DE Code § 3105 (2019)
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.
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