Delaware Code Title 12 Sec. 2315 – Payment of legacies or distributive shares to minors or persons …
(a) If an executor or administrator cannot pay over money in the executor’s or administrator’s hands as such because of the infancy or absence from the State of a person entitled to a legacy or distributive share of personal estate, or any part thereof, the executor or administrator may deposit the same in any state or national bank with its principal office in the State to the credit of the person so entitled; and the executor or administrator shall take from the cashier a certificate of deposit, and deliver the same to the Register of Wills for the county where the deposit is made, to be by the Register of Wills recorded in accordance with § 2320 of this title; and the record of the certificate, or a certified copy thereof, shall be evidence.
Terms Used In Delaware Code Title 12 Sec. 2315
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
- Legacy: A gift of property made by will.
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Party: means the respondent, petitioner, guardian, conservator, or any other person allowed by the Court to participate in a guardianship or protective proceeding. See Delaware Code Title 12 Sec. 39A-101
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 12 Sec. 39A-101
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
(b) Whenever the party entitled to any deposit under subsection (a) of this section is a minor, the executor or administrator shall, in respect to the minor, make a report to the Court of Chancery in the county where the deposit is made of the executor’s or administrator’s proceedings under subsection (a) of this section, and shall exhibit to and file in the Court, the original certificate of deposit, which shall be recorded in the Court.
(c) A deposit under this section and a compliance with its provisions shall be a sufficient discharge of the executor or administrator, and of the executor’s or administrator’s sureties, for the money so deposited.
Code 1852, §§ ?1848-1851; Code 1915, § ?3391; Code 1935, § ?3856; 12 Del. C. 1953, § ?2315; 57 Del. Laws, c. 402, § ?3; 59 Del. Laws, c. 384, § ?1; 63 Del. Laws, c. 142, § ?29; 70 Del Laws, c. 186,, § ?1;