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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 23. ACCOUNTING AND DISTRIBUTION
Subchapter III. Decree of Distribution

(b) If an appeal is taken from any such decree, the decree or judgment made and entered by the Supreme Court on such appeal shall likewise be conclusive and binding upon the executor or administrator and every person claiming as aforesaid, from the date of the making and entry of the decree or judgment by the Supreme Court. (2686)

(c) Any appeal taken to the Supreme Court shall be heard by that Court upon the record of the proceeding in the Court of Chancery and the procedure on such appeal shall be in accordance with the rules of the Supreme Court. (2687)

(Code 1915, Sec. 3403(a); 38 Del. Laws, c. 184, Sec. 1; Code 1935, Sec. 3867; 42 Del. Laws, c. 143, Sec. 1; 12 Del. C. 1953, Sec. 2338; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2688)

Sec. 2339. Rule-making power of Court of Chancery. (2689)(Text)

The Court of Chancery may make all necessary rules of procedure before the master and other rules governing the proceeding not inconsistent with this subchapter. (2690)

(Code 1915, Sec. 3403(a); 38 Del. Laws, c. 184, Sec. 1; Code 1935, Sec. 3867; 42 Del. Laws, c. 143, Sec. 1; 12 Del. C. 1953, Sec. 2339; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2691)

The jurisdiction of the Court of Chancery shall extend to and embrace the distribution of the assets and surplusage of the estates of decedents among the persons entitled thereto in all cases where such jurisdiction is invoked as provided in this subchapter. (2692)

(Code 1915, Sec. 3403(a); 38 Del. Laws, c. 184, Sec. 1; Code 1935, Sec. 3867; 42 Del. Laws, c. 143, Sec. 1; 12 Del. C. 1953, Sec. 2331; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2693)

(a) An executor or administrator or any person claiming to have an interest in the estate to be distributed may, at any time after any account has been filed by an executor or administrator, apply to the Court of Chancery in the county in which letters testamentary or of administration were granted upon the estate to be distributed, by a written petition filed in the Court for a decree of distribution of the estate among the persons entitled thereto. Such petition shall have attached to it a certified copy of all accounts that have been theretofore filed by the executor or administrator in the office of the Register of Wills for the county. The petition shall contain the names of all persons known to the petitioner who claim or may claim an interest in the estate to be distributed, together with their post-office addresses so far as known, and shall state whether the executor or administrator of the estate has given the notice required to be given by Sec. 32, article IV of the Constitution of this State, and shall be duly verified. (2694)

(b) If at the time the petition is filed the executor or administrator of the estate shall not have given the notice required to be given by Sec. 32, article IV of the state Constitution, the Court shall forthwith order such notice to be given by such executor or administrator within such time as shall be fixed by the Court. (2695)

(Code 1915, Sec. 3403(a); 38 Del. Laws, c. 184, Sec. 1; Code 1935, Sec. 3867; 42 Del. Laws, c. 143, Sec. 1; 12 Del. C. 1953, Sec. 2332; 57 Del. Laws, c. 402, Sec. 3; 59 Del. Laws, c. 384, Sec. 1.) (2696)

(a) Upon the filing of the petition provided for under Sec. 2332 of this title, the Court of Chancery, after having satisfied itself of the sufficiency of the petition, shall make an order: (2697)

(1) Taking jurisdiction of the proceeding; (2698)

(2) Setting the application for a decree of distribution down for a hearing before the Court, at a time fixed in such order; (2699)

(3) Providing for written notice and delivery of a copy of the petition by certified mail to each person who is named in the petition as a person who claims or may claim an interest in the estate to be distributed, and each such person of whom the Court otherwise has knowledge, and also to the personal representative of the decedent, if the personal representative is not the petitioner in the proceeding; (2700)

(4) Providing for the publication of the notice in a newspaper published in the county, at least once a week for at least 4 weeks before the date of such hearing. (2701)

(b) The notice shall be mailed and published by and in the name of the (2702)

Register of Wills of the county in which the proceeding is pending, and shall (2703)

be in substantially the following form: (2704)

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR (2705)

.................... COUNTY (2706)

TO ALL PERSONS CLAIMING TO HAVE AN INTEREST IN THE DISTRIBUTION OF THE ESTATE (2707)

OF ...................., DECEASED, INCLUDING PERSONS CLAIMING TO BE HEIRS, (2708)

LEGATEES, BENEFICIARIES OR OTHER DISTRIBUTEES OF SAID ESTATE. (2709)

YOU ARE HEREBY NOTIFIED that an application has been made to the Court of (2710)

Chancery of the State of Delaware, in and for .................... County, (2711)

for a decree of distribution of the estate of said decedent and that the (2712)

application has been set down for a hearing before the Court on the (2713)

................ day of .................... A.D. .........., at (2714)

................ M., in the courtroom of the Court of Chancery in the County (2715)

Courthouse in the City of ...................., Delaware. (2716)

You are further notified that if you desire to make any claim to an interest (2717)

in the distribution of the estate, or to all or any part of the distributable (2718)

amount of the estate, you must appear before the Court at the time and place (2719)

aforesaid and present such claim together with any evidence you desire to (2720)

present to sustain such claim. (2721)

Your failure to appear and present your evidence at the time and place (2722)

aforesaid will be at your peril. (2723)

………………....... ………………....... ……....... (2724)

Register Register Register Register Register ster of Wills of (2725)

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