Delaware Code

12 Del. C. § 2106 (2026)

Petition to Court of Chancery to determine order of preference

✓ current as of May 2026
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Whenever an executor or administrator is unable to determine between 2 or more creditors the order of preference to be given to their respective demands, the executor or administrator may, upon petition to the Court of Chancery, have the parties in interest summoned to appear in the Court, and upon hearing duly had the Court shall determine the order of preference to be given to the respective demands of the creditors who may have been made parties to the proceeding. Upon compliance with such determination the petitioner and the petitioner’s sureties shall be discharged from all further liability in respect to the preference made by the Court.

Code 1915, §  3410A28 Del. Laws, c. 226, §  1;  Code 1935, §  3837;  41 Del. Laws, c. 191, §  412 Del. C. 1953, §  2106;  57 Del. Laws, c. 402, §  359 Del. Laws, c. 384, §  1;  70 Del Laws, c. 186,, §  1; 
Notes of Decisions
Cited in 1 case, 1971–1971 · leading case: In re Est. of Graham, 275 A.2d 253 (Del. Ch. 1971).
In re Est. of Graham, 275 A.2d 253 (Del. Ch. 1971). · cites it 2× “DUFFY, Chancellor: This is a petition under 12 Del.C. § 2106 by Co-Executors of the Estate of Ella M.”
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