Delaware Code Title 12 Sec. 3107 – Security to refund legacy
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The court shall exercise equitable powers in requiring the plaintiff to give security to refund the legacy or any part thereof and also in respect to the delivery and acceptance of a specific legacy.
Code 1852, § ?2599; Code 1915, § ?4527; Code 1935, § ?4981; 12 Del. C. 1953, § ?3107;
Terms Used In Delaware Code Title 12 Sec. 3107
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Legacy: A gift of property made by will.
- Plaintiff: The person who files the complaint in a civil lawsuit.