CHAPTER 204

RELATING TO CHILDREN BORN AFTER MAKING OF WILLS

AN ACT TO AMEND CHAPTER 93 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO CHILDREN BORN AFTER THE MAKING OF WILLS.

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

Section 1. That Chapter 93 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby amended by striking out and repealing all of 3716. Sec. 14. thereof and inserting and enacting in lieu thereof a new section to be styled 3716. Sec. 14. as follows:

"3716. Sec. 14. After-Born Children; Take as If Under Intestacy of Parent; When:--A child, born after its parent shall have made a last will and testament, and for which such parent shall have made no provision, vested or contingent, specifically or as member of a class, by will or otherwise, shall take the same portion of its said parent's estate, both real and personal, that he would have been entitled to if such parent had died intestate; provided, however, that this Section shall not apply and no intestacy shall be created as to any child or children born after the date of the execution of a will in any case where the testator has provided in his said last will and testament that the birth of any child or children subsequently shall not affect the said will."

Approved April 7, 1947.