Delaware Code Title 12 Sec. 3106 – Costs; liability of personal representative therefor
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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;
Terms Used In Delaware Code Title 12 Sec. 3106
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Executor: A male person named in a will to carry out the decedent
- Legacy: A gift of property made by will.