CHAPTER 248

RELATING TO INTESTATE PERSONAL ESTATE

AN ACT TO AMEND CHAPTER 5, TITLE 12, DELAWARE CODE, ESTABLISHING RULES OF DISTRIBUTION OF INTESTATE PERSONAL ESTATE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 512, Chapter 5, Title 12, Delaware Code, is amended by striking out paragraphs numbered " (6)" and " (7)" and inserting in lieu thereof the following new paragraph which shall be unnumbered:

Provided that if the intestate is married at the time of his or her death and leaves no child nor descendants of a child living, the surviving spouse shall be entitled to the residue of the intestate's personal estate absolutely; and provided further that if the intestate is married at the time of his or her death and leaves a child or children living or issue of a child living, the residue of the intestate's personal estate shall be divided among the surviving spouse and such child or children, one-third to the surviving spouse and the remaining two-thirds to the child or children share and share alike, and if any such child or children being dead shall have left issue, such issue shall be entitled to the share of the parent.

Approved June 8, 1955.