2020 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 23. Accounting and Distribution
Subchapter II. Payment of Legacies or Distributive Shares
§ 2321 Distributions by fiduciaries in satisfaction of pecuniary bequests.
(a) Where a will or a trust agreement authorizes the executor or trustee (hereinafter called the “fiduciary”) to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount, unless the will or trust agreement otherwise expressly provides, the assets selected by the fiduciary for that purpose shall be valued at their respective values on the date or dates of their distribution.
(b) Where a will or a trust agreement authorizes the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or a transfer in trust of a pecuniary amount, and the will or trust agreement requires the fiduciary to value the assets selected for such distribution by a formula using a date other than the date or dates of their distribution, unless the will or trust agreement otherwise expressly provides, the assets selected by the fiduciary for distribution, together with any cash to be distributed, shall have an aggregate value on the date or dates of their distribution equal to the amount of such bequest or transfer in trust as determined by the formula stated in the will or trust agreement.
12 Del. C. 1953, § 2321; 56 Del. Laws, c. 225, § 1; 59 Del. Laws, c. 384, § 1;
