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PAMINTUAN v. DOSADO

C.A. No. 2051-S.

844 A.2d 1010 (2003)

Jose C. PAMINTUAN and Elvira L. Pamintuan, Plaintiffs, v. Estrella DOSADO, Executrix of the Estate of Elpidio Dosado, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: August 1, 2003.

Attorney(s) appearing for the Case

James B. Tyler, III, Georgetown, for Plaintiffs.

Jackson R. Dunlap, Jr., Brown, Shiels, Beauregard & Chasanov, Georgetown, for Defendant.

OPINION

STRINE, Vice Chancellor.

In this case, I decide whether the plaintiffs can bring a fiduciary duty action against the executrix of an estate, who failed to repay to the plaintiffs the amount of a debt owed to them by the decedent, notwithstanding the fact that the plaintiffs brought their action after the deadline prescribed by Delaware's nonclaim statute, 12 Del. C. § 2102, for bringing a creditor's claim against an estate. Because the...

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