(a) An action at law may be maintained against an executor or administrator for a legacy or distributive share that is due. Assets in the executor's or administrator's hands to pay a legacy shall create a legal liability and raise a consequent promise to pay it. If there are not sufficient assets to pay the whole legacy, a part may be recovered. If the delivery of a specific legacy has been refused, the value of it may be recovered by an action at law. There shall be a legal liability to pay a distributive share and a consequent implied promise.
(b) An action at law shall not lie for a legacy which is either directly or by implication the subject of a trust.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 31. SUITS AGAINST EXECUTORS AND ADMINISTRATORS
Subchapter I. Suit for Legacy or Distributive Share
§ 3102. Action by infant legatee.
§ 3103. Appointment of auditors; duties.
§ 3104. Exceptions to auditors' report.
§ 3105. Judgment and execution.
§ 3106. Costs; liability of personal representative therefor.