§ 3101 Action at law
§ 3102 Action by infant legatee
§ 3103 Appointment of auditors; duties
§ 3104 Exceptions to auditors’ report
§ 3105 Judgment and execution
§ 3106 Costs; liability of personal representative therefor
§ 3107 Security to refund legacy

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Terms Used In Delaware Code > Title 12 > Chapter 31 > Subchapter I - Suit for Legacy or Distributive Share

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • 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
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Intestate: Dying without leaving a will.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • 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
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.