OF THE SETTLEMENT OF PERSONAL ESTATES.
AN ACT to amend section 14, of chapter 89, of the Revised Code, relating to the giving of security by executors and administrators.
SECTION 1 . Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That section 14, of chapter 89, of the Revised Code, be and the same is hereby amended by adding at the conclusion thereof as it now stands, the following paragraph, viz : "Whenever a testator shall, by his will, signify it to be his desire that any executor or executors thereof shall not be required to give bond with surety, before receiving letters testamentary, as by law is required, the register of wills shall, upon the grant of letters testamentary to such executor or executors, require of him or them only a bond with surety, in a penal sum, double the amount of the indebtedness of the testator, as such amount shall be estimated by the Register of Wills upon such bond' the best information he can obtain, for which purpose he shall have power to take the affidavit of the executor or executors as to the amount of such indebtedness, to the best of his or their knowledge or belief. In the taking of such bond, there shall be omitted from the form prescribed by the chapter hereby amended, the words, "and shall distribute and pay all the residue of said goods and chattels, rights and credits, after all demands and charges to which they are subject are deducted to the person or persons entitled to receive the same," and, such bond, when taken, shall be for the use of the creditors of the said testator, and for the use of no other person or persons interested in his estate. Provided that the register of wills shall have full power and authority, at any time after letters testamentary shall have been granted under the foregoing provision, upon the petition of any party interested under the will of the testator, and on it appearing to him that the interests existing under the said will may be otherwise endangered, to order such executor or executors, to execute a testamentary bond, with surety, in the same form and with the same effect as in ordinary cases, and upon refusal or neglect of such executor or executors to comply with such order, thereupon to remove him or them from such office of executor.
SECTION 2. And be it further enacted, That in all future Publication editions of the laws of this State, the said chapter and section, as amended. shall be published, as herein amended.
Passed at Dover, March 20, 1877.