CHAPTER 383

SURVIVENCY OF ACTIONS

AN ACT TO AMEND CHAPTER 127 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATIVE TO SURVIVENCY OF ACTIONS, PROVIDING FOR THE SURVIVAL OF CERTAIN CAUSES OF ACTION.

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, as amended, be and the same is hereby further amended by striking out and repealing all of 4637. Sec. 2 of said Chapter 127, as amended, 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; PROVISON:--All causes of action, except actions for defamation, malicious prosecution or upon penal statutes, 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 person to, or against whom, the cause of action accrued. But this provision shall not affect the survivorship among the original parties to a joint cause of action.

Approved June 30, 1949.