If either party sue or be sued as an executor or administrator, and there are mutual debts or credits or other claims between his or her testator or intestate and the other party, 1 debt or credit may be set off against the other and a counterclaim may be asserted as in other actions.

Code 1852, § ?2328; Code 1915, § ?4189; 37 Del. Laws, c. 264, § ?2; Code 1935, § ?4668; 10 Del. C. 1953, § ?3913; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 10 Sec. 3913

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Executor: A male person named in a will to carry out the decedent
  • Intestate: Dying without leaving a will.
  • Testator: A male person who leaves a will at death.