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Session Laws, 1969
Volume 692, Page 69   View pdf image
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MARVIN MANDEL, Governor                            69

9-107 9-106. Distributioneffect.

(a)    Title of distributees. The title of the distributees who shall
receive from the personal representative an instrument or deed of
distribution of assets in kind is conclusive against all persons in-
terested in the estate, except that the personal representative shall
recover the assets or their value if the distribution was improper.

(b)    Improper distribution; liability of distributee. A distrib-
utee of property improperly distributed is liable to return the
property received if he has it or its value unless the distribution can
no longer be questioned because of adjudication or limitation. If a
distributee has disposed of any property improperly distributed to
him his liability shall be the lower of the value of the property on the
date of distribution or the value of the date of disposition.

(c)    Purchasers from distributees protected. If property dis-
tributed in kind is sold to a purchaser for value by a distributee who
has received an instrument or deed of distribution from the per-
sonal representative, the purchaser takes good title free of any
claims of the estate and incurs no personal liability to the estate. To
be protected under this provision, a purchaser need not inquire
whether a personal representative acted properly in respect to a
distribution in kind.

9-108 9-107. Partition for purpose of distribution.

When two or more heirs or legatees are entitled to distribution
of undivided interests in any property of the estate, the personal
representative or one or more of the heirs or legatees may petition
the Court prior to the formal or informal closing of the estate, to
make partition. After notice to the interested heirs or legatees, the
Court shall partition the property in the same manner as provided
by the law for civil actions of partition. The Court may direct the
personal representative to sell any property which cannot be
partitioned without prejudice to the owners and which cannot con-
veniently be allotted to any one party.

9 100 9-108. Legatee not found; or residing outside the United
States.

(a) Unknown whereabouts; nonresident. Whenever it shall
appear to the satisfaction of the Court that (1) a personal represen-
tative has been unable to contact an heir or legatee because of his
lack of knowledge of the heir's or legatee's whereabouts and the Court
is satisfied that reasonable efforts have been made to locate such heir
or legatee, or (2) an heir or legatee is a nonresident of the United
States and would not have the benefit of use or control at its full
value of money or other property comprising his distributive share
or legacy, or where other special circumstances make it appear
desirable that payment or delivery should be withheld because of
national or international action affecting such money, property or
value or the full use