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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 27. SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS
Sec. 2715. Refund of purchase money when sale not returned or not approved.

(Code 1852, Sec. 1902; Code 1915, Sec. 3431; Code 1935, Sec. 3891; 12 Del. C. 1953, Sec. 2720; 59 Del. Laws, c. 384, Sec. 1; 70 Del Laws, c. 186, Sec. 1.) (2921)

Sec. 2716. Charges of sale; taxing and payment. (2922)(Text)

All the charges of any sale under this chapter, whether under the name of commissions or otherwise, shall be taxed by the Court of Chancery and paid to the Clerk before approving the sale; and no other charges shall be allowed on account of the sale, or of receiving or paying the purchase money, but the account shall be passed before the Register of Wills, as other accounts. (2923)

(Code 1852, Sec. 1903; 19 Del. Laws, c. 252, Sec. 3; Code 1915, Sec. 3432; Code 1935, Sec. 3892; 12 Del. C. 1953, Sec. 2721; 57 Del. Laws, c. 402, Sec.Sec. 3, 5; 59 Del. Laws, c. 384, Sec. 1.) (2924)

Sec. 2717. Power to refuse order for sale or to approve a sale. (2925)(Text)

The Court of Chancery may refuse an order for sale of real estate or may refuse to approve a sale, if under the circumstances it is considered improper that such sale should be made, although it should sufficiently appear that the personal estate is not sufficient for the payment of the debts, or that the sale was regularly conducted. (2926)

(Code 1852, Sec. 1904; Code 1915, Sec. 3433; Code 1935, Sec. 3893; 12 Del. C. 1953, Sec. 2722; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2927)

Sec. 2718. Appeal to Supreme Court. (2928)(Text)

Any person aggrieved by an order or decree of the Court of Chancery made in any proceeding under this chapter may appeal therefrom to the Supreme Court, and no such order or decree shall be drawn in question except upon appeal. (2929)

(Code 1852, Sec. 1905; Code 1915, Sec. 3434; Code 1935, Sec. 3894; 12 Del. C. 1953, Sec. 2723; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2930)

Sec. 2719. Power of sale in will; execution; liability of purchaser for application of purchase money. (2931)(Text)

(a) If, by any will, authority is given to several executors, or other persons, to sell real estate, and, if 1 or more of them die before the complete execution of the authority, such authority shall survive. (2932)

(b) If, by any will, real estate is devised to be sold, and no person is authorized to make the sale, the person, or persons, having the execution of the will, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise. (2933)

(c) If, by any will, real estate is devised to a person or persons for life and after the death of such life tenant or life tenants to be sold, and no person is authorized to make the sale, the person or persons who have the execution of said will at the period when such sale is directed to be made, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise. (2934)

(d) If, by any will, authority is given to an executor to sell real estate, and the person so named as executor therein dies, or is removed or discharged from the office of executor before the execution of the authority, or refuses or neglects to give bond, or renounces, or is incapable, the person or persons having the execution of the will, or the survivor or survivors of them, if several, may sell the real estate in execution of the devise. (2935)

(e) Whenever real estate is sold and conveyed in any such case as mentioned and provided for in this section, the purchaser or purchasers thereof shall take the same free and discharged from any liability as to the application, misapplication or nonapplication of the purchase money or any part thereof. Nothing in this section shall contravene any express direction contained in any will. (2936)

(Code 1852, Sec. 1906; 14 Del. Laws, c. 79, Sec. 1; 24 Del. Laws, c. 235, Sec. 1; Code 1915, Sec. 3435; 30 Del. Laws, c. 211, Sec. 1; Code 1935, Sec. 3895; 12 Del. C. 1953, Sec. 2724; 59 Del. Laws, c. 384, Sec. 1; 70 Del Laws, c. 186, Sec. 1.) (2937)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2938)

CHAPTER 29. APPORTIONMENT OF ESTATE TAXES (2939)(Text)

Sec. 2901. Proration of state and federal estate taxes; method. (2940)(Text)

(a) Whenever it appears upon any accounting or in any appropriate action or proceeding that an executor, administrator, temporary administrator, trustee or other person acting in a fiduciary capacity (or individually) has, after April 2, 1947, paid an estate tax levied or assessed under Chapter 15 of Title 30 providing for a tax known as "Delaware Estate Tax" or under any law amendatory thereof or supplemental thereto or under any other law hereafter enacted providing for the same or a different estate tax or under any estate tax law of the United States, upon or with respect to any property required to be included in the gross estate of a decedent under any such law, the amount of the tax so paid shall be equitably prorated among the persons interested in the estate to whom such property is or may be transferred or to whom any benefit accrues. (2941)

(b) Such proration shall be made in the proportion, as near as may be, that the value of the property, interest or benefit of each such person bears to the total value of the property, interests and benefits received by all such persons interested in the estate except that in making such proration allowances shall be made for any exemptions granted by the law imposing the tax and for any deductions allowed by such law for the purpose of arriving at the value of the net estate and except that in cases where a trust is created or other provision made whereby any person is given an interest in income or an estate for years or for life or other temporary interest in any property or fund, the tax on both such temporary interest and on the remainder thereafter shall be charged against and be paid out of the corpus of such property or fund without apportionment between remainders and temporary estates. (2942)

(c) For the purposes of this chapter the term "persons interested in the estate" shall with respect to both state and federal taxes include all persons who may be entitled to receive or who have received any property or interest which is required to be included in the gross estate of a decedent or any benefit whatsoever with respect to any such property or interest, whether under a will or intestacy or by reason of any transfer, trust, estate, interest, right, power or relinquishment of power taxable under any of the aforementioned laws providing for the levy or assessment of estate taxes. (2943)

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