Delaware Code
12 Del. C. § 1544 (2026)
Commissions; allowance and apportionment
✓ current as of May 2026
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When part of the effects of the deceased passes from 1 executor or administrator to another under § 1543 of this title, commissions shall not be twice allowed, but may be apportioned or the whole may be allowed to the one who, according to the circumstances, ought to have the same. When commissions have been once allowed, there shall be no more allowed upon the same subject matter, except in cases of apportionment, unless the first allowance is annulled.
Code 1852, § 1787; Code 1915, § 3346; Code 1935, § 3811; 12 Del. C. 1953, § 1544; 59 Del. Laws, c. 384, § 1;Notes of Decisions
Cited in 1
case, 1968–1968 · leading case: In re the Est. of George, 248 A.2d 621 (1968).
In re the Est. of George, 248 A.2d 621 (1968). “In particular, under 12 Del.C. § 1544, the allowance of double commissions in a case of successive fiduciaries is prohibited.”
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