2016 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL
Subchapter I After-Born Children
§ 307. Contribution from devisees or legatees.

If the intestate real estate, allotted under the foregoing provisions, shall not, at the appraisement thereof, be equal in value to what would have been the share of the after-born child or children of the entire estate of the deceased parent, had such parent died intestate, the deficiency shall be made up from the intestate personal estate, if any, of such parent. If there shall be no intestate personal estate or not sufficient to make up such deficiency the devisees and legatees, taking under the will of the deceased parent, shall proportionately contribute such sum or sums of money as, added to the intestate estate, will be sufficient to raise the portion of such after-born child or children.

Code 1852, § 1662; Code 1915, § 3259; Code 1935, § 3723; 12 Del. C. 1953, § 307.;