Master LeGrow Confers Chancery Court Jurisdiction Upon Dispute Involving Creditor of Estate

Delaware Fiduciary Litigation Blog

Posted January 30, 2014

In re: The Estate of Mary Elizabeth Hutton C.A. No. 6863-ML (January 24, 2014)

Petitioner sought relief in the form of an order requiring the executrix of an estate to file a petition for the sale of real estate to pay the debts of the estate. Responded argued, among other things, that the Court lacked subject matter jurisdiction  because Petitioner had a remedy at law. However, the Master held that because 12 Del C. § 2702 confers jurisdiction to Chancery Court where it appears that there is a deficiency of assets for the payment of the decedent’s debts and that the creditor will be remediless without the sale of the real estate.

Author(s)

Phillip Giordano
Associate
Gordon, Fournaris & Mammarella, P.A.