Delaware Code Title 12 Sec. 1546 – Refusal to deliver unadministered assets
(a) If any executor or administrator who has been removed refuses to deliver to a coexecutor or coadministrator, if there be such, and if not, to a successor, all the unadministered effects belonging to the deceased, which shall be in the executor’s or administrator’s hands, the Court of Chancery may, in a summary proceeding, upon the petition of such coexecutor, administrator or successor, hear the parties, and make an order for such delivery, and enforce the same by attachment, sequestration or any other process.
Terms Used In Delaware Code Title 12 Sec. 1546
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- 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.
(b) The Court of Chancery may also proceed, in like manner, against the personal representative of a deceased executor or administrator, refusing to deliver, according to law, any such effects belonging to the estate of the first testator or intestate which shall come to personal representative’s hands.
Code 1852, §§ ?1789, 1790; Code 1915, § ?3346; Code 1935, § ?3811; 12 Del. C. 1953, § ?1546; 59 Del. Laws, c. 384, § ?1; 70 Del. Laws, c. 186, § ?1;