CHAPTER 131

FORMERLY

SENATE BILL NO. 189

AN ACT TO AMEND CHAPTER 43, TITLE 10, DELAWARE CODE, RELATING TO EVIDENCE AND WITNESSES BY AMENDING §4302 THEREOF RELATING TO COMPETENCE OF PARTIES TO TESTIFY AS TO TRANSACTIONS WITH OR STATEMENTS BY THE TESTATOR, INTESTATE OR WARD, IN ACTIONS OR PROCEEDINGS BY OR AGAINST EXECUTORS, ADMINISTRATORS OR GUARDIANS.

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

Section 1. Chapter 43, Title 10, §4302, Delaware Code, is amended by striking out said section and substituting in lieu thereof the following:

§ 9302. Competence of parties or interested witnesses to testify

No person shall be incompetent to testify in any civil action or proceeding whether at law or in equity, because he is a party to the record or interested in the event of the suit or matter to be determined. In actions, suits or proceedings by or against the representatives of deceased or incompetent persons, including proceedings for the probate of wills, any statement of the deceased or ward, whether oral or written, shall not be excluded as hearsay, provided that the trial judge shall first find as a fact that the statement was made by the decedent or ward, and that it was made in good faith and on decedent's personal knowledge.