CHAPTER 231 - SURVIVANCY OF ACTIONS

AN ACT TO AMEND CHAPTER 127 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO SURVIVAL OF ACTIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 127 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 4637. Sec. 2 of the said Chapter 127, and by inserting in lieu thereof a new Section to be styled 4637. Sec. 2., as follows:

4637. Sec. 2. Causes of Action Which Survive; How Brought or Prosecuted: Proviso:—In all personal actions, except actions for defamation, malicious prosecution, or any injury to the person, or upon penal statutes, the cause of action shall survive to and against the executors, or administrators, of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted, or prosecuted, by, or against, the executors, or administrators, of the original party. But this provision shall not affect the survivorship among the original parties to a joint cause of action.

Approved April 17, 1941.