Delaware Code Title 12 Sec. 3105 – Judgment and execution
Current as of: 2023 | Check for updates
|
Other versions
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;
Terms Used In Delaware Code Title 12 Sec. 3105
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Executor: A male person named in a will to carry out the decedent
- Legacy: A gift of property made by will.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Testator: A male person who leaves a will at death.