CHAPTER 225

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO DISTRIBUTIONS BY FIDUCIARIES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 12, Chapter 23, of the Delaware Code, is amended by adding thereto a new § 2321 to read as follows :

§ 2321. Distributions by fiduciaries in satisfaction of pecuniary bequests

(a) Where a will or a trust agreement authorizes the executor or trustee (hereinafter called the "fiduciary") to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount, unless the will or trust agreement otherwise expressly provides, the assets selected by the fiduciary for that purpose shall be valued at their respective values on the date or dates of their distribution.

(b) Where a will or a trust agreement authorizes the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or a transfer in trust of a pecuniary amount, and the will or trust agreement requires the fiduciary to value the assets selected for such distribution by a formula using a date other than the date or dates of their distribution, unless the will or trust agreement otherwise expressly provides, the assets selected by the fiduciary for distribution, together with any cash to be distributed, shall have an aggregate value on the date or dates of their distribution equal to the amount of such bequest or transfer in trust as determined by the formula stated in the will or trust agreement.

(c) This Section shall apply to the estates of all persons dying on or after October 1, 1964, the final settlement of which did not occur prior to the enactment of this Act.

Approved January 2, 1968.