CHAPTER 352

SETTLEMENT OF PERSONAL ESTATES

RELATING TO THE GRANTING OF LETTERS

OF ADMINISTRATION

AN ACT TO AMEND CHAPTER 98 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, IN RELATION TO TIIE SETTLEMENT OF PERSONAL ESTATES, REGISTER OF WILLS, WITH REFERENCE TO THE GRANTING OF LETTERS OF ADMINISTRATION.

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

Section 1. That Chapter 98 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of the first paragraph of 3808. Sec. 10. thereof and inserting and enacting in lieu of the part so stricken out a new first paragraph as follows:

3808. Sec. 10. ADMINISTRATION; TO WHOM GRANTED:--Administration, or administration with a will annexed, shall be granted to one or more capable persons, natural or corporate, in the following order:

1. To the surviving spouse, or next of kin, or both, or to some person or persons nominated by them or any of them, as the Register of Wills, in the exercise of his discretion may determine.

2. If no petition for administration is filed within ninety (90) days from the date of death, then to any other qualified person.

3. Any interested person may petition the Register of Wills of a proper county for the probate of a will and the a_ppointment of an administrator.

Approved June 30, 1949