Delaware General Assembly


CHAPTER 439

FORMERLY HOUSE BILL

NO. 648 AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 1 AND TITLE 25 OF THE DELAWARE CODE RELATING TO AGE OF MAJORITY, ADDING CERTAIN DEFINITIONS TO ASSIST THE JUDICIARY IN THE INTERPRETATION OF STATUTES, AND PROVIDING FOR THE ACQUISITION AND CONVEYANCE OF TITLE TO REAL ESTATE BY PERSONS EIGHTEEN YEARS OF AGE OR OLDER.

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

Section 1. Amend Title 1 of the Delaware Code, by adding thereto a new chapter, to be designated as Chapter 7, which new chapter shall read as follows:

CHAPTER 7. AGE OF MAJORITY

§ 701. Age of majority

A person of the age of eighteen years or older when this Act takes effect, and any person who attains the age of eighteen years thereafter, shall be deemed to be of full legal age for all purposes whatsoever and shall have the same duties, liabilities, responsibilities, rights and legal capacity as persons heretofore acquired at twenty-one years of age unless otherwise provided.

Section 2. Amend § 302, Chapter 3, Title 1 of the Delaware Code, by adding the following additions thereto:

"Adult" or "Adult Person" means a person of the age of eighteen years or older.

"Child" means a person who has not reached the age of eighteen years.

"Full Age" means the age of eighteen years or older.

"Infant" means a person who has not reached the age of eighteen years.

"Infancy" means an age of less than eighteen years. "Lawful Age" means the age of eighteen years or older.

"Minor" or "Minor Child" means a person who has not reached the age of eighteen years.

"Under Age" means an age of less than eighteen years.

Section 3. Amend Chapter 3, Part I, Title 25 of the Delaware Code, by adding thereto a new section, designated as § 312, which new section shall read as follows:

§ 312. Acquisition and conveyance of title to real estate by persons of the age of eighteen years or older

Any person of the age eighteen years or older who is not otherwise incompetent may contract to purchase, acquire, take, hold, sell, transfer, assign, lease, demise, encumber, or otherwise convey any estate right title or interest in real estate, may take title to and accept delivery of a deed, indenture, mortgage, lease, or other instrument of conveyance to any estate, right, title or interest in real estate and may execute, acknowledge and deliver a deed, indenture, mortgage, lease, or other instrument of conveyance for any interest, estate, right or title in real estate without the interference of a guardian, trustee or the like, and such deed, indenture, mortgage, lease or other instrument of conveyance for any interest, estate, right or title in real estate shall be valid and legally effective for all intents and purposes in law or in equity and shall bind him, his heirs, executors and administrators.

Section 4. The provisions of this Act shall not be deemed to change the intent of instruments bearing date prior to the adoption of this Act, and all such instruments shall be construed based on the law as existing heretofore.

Approved June 16, 1972.