Title 10 > Chapter 47 Authenticated PDF

TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 47. Judgments

Subchapter IV. Judgments Against Executors and Administrators

§ 4771. Report of referees; conclusiveness as to assets.

Judgment against an executor or administrator, upon the report of referees, shall not be conclusive that he or she has assets, unless it is expressly found by the report that he or she has assets.

Code 1852, §  2416;  Code 1915, §  4315;  Code 1935, §  4787;  10 Del. C. 1953, §  4771;  70 Del. Laws, c. 186, §  1; 

§ 4772. Decedent’s real estate as bound.

The real estate of a deceased person shall not be liable to be taken in execution upon, and shall not be bound by a judgment against deceased’s executor or administrator, unless such judgment is rendered upon a verdict, or an inquisition, or upon the report of referees on a rule of reference entered, upon application of the parties, by the Superior Court, referring all matters in controversy to 3 judicious and impartial freeholders (or more if the parties so request) to be appointed by the Court. Judgment shall be rendered on their report or the report of a majority of them.

Code 1852, §  2417;  Code 1915, §  4316;  Code 1935, §  4788;  10 Del. C. 1953, §  4772;  70 Del. Laws, c. 186, §  1; 

§ 4773. Application by plaintiff for rule of reference.

If a defendant, being summoned, fails to appear, or appearing, neglects or refuses so to plead as to put the cause at issue in order for trial by a jury, a rule of reference under § 4772 of this title may be made by the court upon the application of the plaintiff only.

Code 1852, §  2418;  Code 1915, §  4317;  Code 1935, §  4789;  10 Del. C. 1953, §  4773; 

§ 4774. Notice of meeting of referees.

When a rule of reference is entered by the court upon the application of the plaintiff only, at least 10 days’ notice of the meeting of the referees shall be required.

Code 1852, §  2419;  Code 1915, §  4318;  Code 1935, §  4790;  10 Del. C. 1953, §  4774; 

§ 4775. Rule of reference after judgment by default or upon motion.

A rule of reference may be entered after a judgment by default or after a judgment for plaintiff upon a motion, as well as before judgment. Although it be entered after judgment, nevertheless judgment shall be rendered on the report made pursuant thereto, and such judgment on the report shall be regular, notwithstanding the previous judgment.

Code 1852, §  2420;  Code 1915, §  4319;  Code 1935, §  4791;  10 Del. C. 1953, §  4775;