2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 23. Accounting and Distribution
Subchapter II Payment of Legacies or Distributive Shares
§ 2313 Anti-lapse; deceased devisee; class gifts.
(a) (1) If a devisee or legatee who is a grandparent or lineal descendant of a grandparent of the testator is dead at the time of the execution of the will, fails to survive the testator or is treated as if the devisee or legatee predeceased the testator, the issue of the deceased devisee or legatee who survived the testator by 120 hours take in place of the deceased devisee or legatee, per stirpes.
(2) One who would have been a devisee or legatee under a class gift if that person had survived the testator is treated as a devisee or legatee for purposes of this section whether death occurred before or after the execution of the will.
(b) This section shall not apply in the case of wills wherein provisions have been made for distribution of property different from this section.
36 Del. Laws, c. 259, § 1; Code 1935, § 3854; 12 Del. C. 1953, § 2313; 59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.
