Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3101. Action at law

(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.