Delaware Code Title 12 Sec. 2320 – Release, acquittance or receipt to executor or administrator; form, …
(a) Any release, acquittance or receipt, being executed under hand and seal by any legatee, next of kin or interested person, of full age, to an executor or administrator, for any property or sum of money due by virtue of a will or upon a testamentary or administration account passed before the Register of Wills, and acknowledged before any justice or judge, Register of Wills, justice of the peace, notary public of any state or territory of the United States or of the District of Columbia, or before any consul general, consul, vice-consul, consular agent or commercial agent of the United States duly appointed in any foreign country, and certified under the hand of such officer and the seal of such office, shall, upon being filed with the Court of Chancery in and for the county in which such will or account is recorded or filed, be recorded in a book for that purpose, which shall have direct and reversed alphabetical indices. Such record or a duly certified copy thereof under the hand and official seal of the Register of Wills shall be competent evidence in all cases.
Terms Used In Delaware Code Title 12 Sec. 2320
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- Full age: means the age of 18 years or older. See Delaware Code Title 1 Sec. 302
- Legatee: A beneficiary of a decedent
- 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
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) The following form of acknowledgment shall be sufficient in all cases:
“State of ???ss.
County of
Acknowledged by to be a voluntary act and deed, before me (here state the official character of the person before whom the acknowledgment is made) this day of ,
Witness my hand and seal.”
Justices of the peace of this State need only sign their name, there being no seal of office.
Code 1852, §§ ?1870-1873; 12 Del. Laws, c. 325, §§ ?1, 2; 24 Del. Laws, c. 246, § ?3; 24 Del. Laws, c. 247, §§ ?1, 2; 25 Del. Laws, c. 224, § ?1; 26 Del. Laws, c. 257, § ?1; Code 1915, §§ ?3408, 3410; Code 1935, §§ ?3872, 3874; 43 Del. Laws, c. 210, § ?1; 12 Del. C. 1953, § ?2320; 59 Del. Laws, c. 384, § ?1; 70 Del Laws, c. 186,, § ?1;