§ 4251

When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury: (1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest; (2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just; (3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor; (4) by a residuary legatee against the executor; or(5) on book account. (Amended 1971, No. 185 (Adj.

ecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor; (4) by a residuary legatee against the executor; or(5) on book account. (Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 20, § 5; 2009, No. 154 (Adj. Sess.), § 80.)

§ 4251. Actions for accounting—jury The Superior Court shall have original jurisdiction in actions for an accounting other than accountings involved in the administration of trusts under Title 14A. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury: (1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest; (2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just; (3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor; (4) by a residuary legatee against the executor; or(5) on book account. (Amended 1971, No. 185 (Adj.

ecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor; (4) by a residuary legatee against the executor; or(5) on book account. (Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 20, § 5; 2009, No. 154 (Adj. Sess.), § 80.)