Every executor or administrator before proceeding to execute an order of sale shall, in the Court of Chancery, with 1 or more sufficient sureties to be approved by the Court, enter into bond to the State in a penal sum to be determined by the Court, with condition, in substance to account truly for all money to arise from the sale, and (the just charges to be allowed by the Court being first deducted) to apply all the balance thereof to the payment of the outstanding debts against the decedent, according to their legal priority, and to pay the surplus, if any, according to law, and to perform the executor’s or administrator’s duty in the premises with fidelity.

Code 1852, § ?1900; Code 1915, § ?3430; Code 1935, § ?3890; 12 Del. C. 1953, § ?2718; 57 Del. Laws, c. 402, § ?3; 59 Del. Laws, c. 384, § ?1; 70 Del Laws, c. 186,, § ?1;

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Terms Used In Delaware Code Title 12 Sec. 2713

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • 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