Action at law.

Del. Code tit. 12, § 3101
in effect
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(a) An action at law may be maintained against an executor or administrator for a legacy or distributive share that is due. Assets in the executor’s or administrator’s hands to pay a legacy shall create a legal liability and raise a consequent promise to pay it. If there are not sufficient assets to pay the whole legacy, a part may be recovered. If the delivery of a specific legacy has been refused, the value of it may be recovered by an action at law. There shall be a legal liability to pay a distributive share and a consequent implied promise. (b) An action at law shall not lie for a legacy which is either directly or by implication the subject of a trust.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title12/c031/sc01/index.htmlFetched: 10/4/2026

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