In re the Estate of Burton

Carey, Judge:

Chapter 99, Revised Code of Delaware 1935, provides the exclusive method of selling lands to pay debts of a decedent, in the absence of a suitable testamentary provision. The plan of procedure provided by this act, which has been in effect in substantially its present form since 1829, is by petition to the Orphans’ Court after notice to interested parties, an order for sale, a public auction and confirmation by the court. The only part of the statute of material interest in this case is Section 3 (Code Section 3879), the latter part of which reads as follows:

“* * * * and the said…