SENATE BILL NO. 448
AN ACT TO AMEND CHAPTER 13 OF TITLE 12, DELAWARE CODE TO CLARIFY THE TIME PERIOD IN WHICH BOND MUST BE POSTED IN CONNECTION WITH A CAVEAT AGAINST ALLOWANCE OF AN INSTRUMENT AS A WILL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend §1308(a), Chapter 13, Title 12, Delaware Code, by striking the first
sentence In its entirety beginning with the words "a caveat" and ending with the words "been filed" and substituting In lieu thereof a new sentence to read as follows:
"(a) A caveat against the allowance of an instrument as a will shall be received
by the Court of Chancery at any time before its proof; but unless the caveator or caveators shall, within 10 days after the signing of an order by a member of the Court of Chancery setting bond, give bond to the State, jointly, and severally if more than one caveatoi, with such sureties and in such sum as the Court determines, conditional for the payment of any and all costs occasioned by such caveat which may be decreed against such caveator or caveators, such caveat shall be considered as abandoned and shall be dismissed and proceedings may be had in all respects as though no such caveat had been flied "
Approved July 14, 1988