CHAPTER 116

SETTLEMENT OF PERSONAL ESTATES

RELATING TO DEBTS OF WHICH NOTICE IS PRESUMED

AN ACT TO AMEND CHAPTER 98 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, "SETTLEMENT OF PERSONAL ESTATES," RELATING TO DEBTS OF WHICH NOTICE IS PRESUMED.

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

Section 1. That Chapter 98, Article 3, of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out 3839. Sec. 41, and inserting in lieu thereof a new section to be known as 3839. Sec. 41 as follows:

3839. Sec. 41. Of What Debts Notice Presumed:--An executor or administrator shall be deemed to have notice only of mortgages (but not of the bonds accompanying such mortgages) and of such judgments as would be liens against real estate at the date of death of the decedent, which mortgages and judgments are of record in the county of this State in which letters were granted upon the estate of the decedent, unless there has been a failure to insert them in the general indices of the office wherein it is proper that they be recorded.

Approved May 23, 1949.