OF THE SETTLEMENT OF PERSONAL ESTATES.
A SUPPLEMENT to Chapter 89 of the Revised Statutes of the State of Delaware, entitled "Of the Settlement of Personal Estates."
WHEREAS, By Section 1 of Chapter 123 of the Revised Statutes of this State, entitled "Limitations of personal actions," it is provided that no action shall be brought upon administration or testamentary bonds against either the principal or sureties after the expiration of six years from the date thereof; and
WHEREAS, The performance and execution of the duties and trusts of executors and administrators cum testamento annexo, who are or may be entitled to the personal estates of deceased testators are secured only by bonds which expire after the lapse of six years from the date thereof, thereby leaving all those in remainder unprotected by sufficient and satisfactory bond or bonds; now therefore,
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That every executor or administrator cum testamento annexo, who is or may be entitled during his or life to have and enjoy the use and benefit of the personal estate of the deceased testator upon due notice given by the register of wills after the passage of this act as hereinafter provided, shall bind himself, his heirs, executors or administrators by entering- into a joint and several bond to the State of Delaware to be with the surety approved by the register of wills in a penal sum double the best estimate that can be made of said personal estate with condition which may be in the following form:
The condition of this obligation is such that if the above named ---------------, executor of the will of --------------------, deceased (or administrator with the will annexed, as the case may be), shall faithfully preserve said personal estate, whether it consist of money, bonds, mortgages, securities or other investments for those who may be entitled in remainder at the death of the said executor or administrator, and shall in all respects faithfully execute and perform all the trusts and duties imposed by the will of said testator, which said bond shall continue in force for the period of three years after the death of such executor or administrator. The register of wills may, at his pleasure, alter or vary the above form to suit the circumstances of any case that may arise.
SECTION 2. That the register of wills of the proper county shall, upon the application of any party interested, immediately give notice to such executor or administrator to appear before him with his or her sureties within ten days from the time of service of such notice, and enter into the bond as required by this act; and upon failure of such executor or administrator to enter into bond as aforesaid, within the time prescribed in said notice, it shall be the duty of the register of wills to remove such executor or administrator thus in default from his or her office; and the said register of wills shall certify the same to the register in chancery of the proper county. And the chancellor, upon application made to him by any party in interest, shall appoint a trustee to execute and carry out the trusts contained in the will of the testator; and the executor or administrator removed as aforesaid shall forthwith deliver all moneys, papers, securities, effects or other personal property, except livestock, household goods and farming and mechanical implements and utensils to the trustee appointed as aforesaid. And the chancellor at his discretion may make such order as he shall deem proper in respect to the same, and may enforce obedience thereto by attachment.
SECTION 3. That the trustee, for the purpose of settling and closing the estate of the testator, shall have all the of powers which the executor or administrator had.
SECTION 4. That hereafter the bond of every executor or administrator cum testamento annexo, who, during his life, shall be entitled under the will of any deceased testator to the personal estate of such deceased testator, to be given or entered into, shall continue in force for the period of three years after the death of such executor or administrator.
Passed at Dover, May 29, 1897.