If from any cause a commission is returned without partition, subdivision or appraisement of the premises, or 1 or more of the freeholders dies, becomes or is declared incompetent to serve as a commissioner, before the return, or for any cause it is deemed equitable by the Court of Chancery that a new commission should be appointed, the Court may in its discretion appoint a new commission.
Structure Delaware Code
Chapter 7. JOINT ESTATES AND PARTITION
Subchapter II. Partition Proceedings
§ 721. Petition for partition; persons entitled to apply.
§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.
§ 724. Decree of partition; appointment and duties of commissioners.
§ 725. Appointment of a new commission.
§ 726. Final decree of partition.
§ 727. Proportionment of shares among issue claiming by stocks.
§ 728. Procedure upon petition by all interested parties.
§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.
§ 730. Allotment of primary interests.
§ 731. Deed upon death of purchaser.
§ 732. Title upon sale; transfer of liens to proceeds.
§ 733. Investment or division of sale proceeds.
§ 734. Sales upon credit; purchase money security; preference of mortgage.
§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.
§ 737. Procedure where dower, curtesy or life estate exists.
§ 738. Advancements; treatment upon partition.
§ 739. Assignment of dower without embracing residue.
§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.
§ 741. Appointment of trustee for joint owner's widow with a mental disability.
§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.
§ 744. Curtesy; barred by wrongful conduct of husband.
§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.
§ 748. Power of commissioners to make return of partition of part of lands; procedure.