CHAPTER 243 - ORPHANS' COURT - BURIAL EXPENSE OF INDIGENT PARENT OR SPOUSE

AN ACT AMENDING CHAPTER 118 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO THE ORPHANS COURT BY PROVIDING THAT A GUARDIAN MAY PAY CERTAIN EXPENSES INCLUDING BURIAL EXPENSES OF THE DECEASED INDIGENT PARENT OR SPOUSE.

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

Section 1. That Chapter 118 of the Revised Code of Delaware, 1935, be and the ,same is hereby amended by striking out and repealing all of 4433 Section 18 thereof and inserting in lieu thereof a new section to be styled 4433 Section 18, as follows:

4433. Sec. 18. Guardian; When May Exceed Income; Wood and Timber of Ward:--The Court may direct a guardian to expend a reasonable sum in the maintenance and education of his ward, or for or on account of the burial expenses of a deceased indigent parent, spouse or child of his ward, or the repair, or improvement of his real estate; and may also direct such portion of the wood, or timber, growing upon the land of the ward as may not be necessary for the use of the same, to be cut and sold for the same purpose.

Without such directions, a guardian shall not be allowed to exceed the clear income of the ward's estate.

Approved March 26, 1945.