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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
§ 3106 Costs; liability of personal representative therefor.
Universal Citation: 12 DE Code § 3106 (2019)
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.
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