SURVIVING SPOUSES SHARE IN DECEDENT'S ESTATE
AN ACT to Amend Chapter 93 of the Revised Code of Delaware, as Amended, by Providing for the Surviving Spouse's Share in a Decedent's Estate.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 93 of the Revised Code of the State of Delaware, as amended, be further amended by striking out 3263, Section 25, Article 7 thereof and substituting in lieu thereof a new section to be styled 3263, Section 25, as follows:
3263. Sec. 25. The descent or devolution of the estate, real or personal, of a married person, who shall before his or her marriage have made his or her last will and testament, and shall not have made provision for his or her spouse by will or otherwise, shall be subject to the rights of the surviving husband or widow ; that is to say,
(a) If the testate leave a widow, she shall have the same part of his estate, real and personal, as she would have been entitled to if he had died intestate.
(b) If the testate leave a husband, he shall have the same part of her estate, real and personal, as he would have been entitled to if she had died intestate.
In either case, the part to which the surviving spouse shall be entitled shall be assigned and distributed in the same manner as if the deceased spouse had died intestate, providing that when there are several devisees of such real estate, or several legatees of such personal estate, such assignment and distribution to the surviving spouse shall be so made that each devisee, or legatee, shall contribute a just portion thereof.
Subsequent marriage shall not revoke the last will and testament of a person who by such last will and testament, or otherwise, shall have made provision for his or her surviving spouse.
Approved April 6, 1933.