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2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 3. After-Born Children; Marriage After Will
Subchapter II. Marriage After Will
§ 321. Share of surviving spouse.
Universal Citation: 12 DE Code § 321. (2021)
§ 321. Share of surviving spouse. Code 1852, § 1666; Code 1915, § 3263; 38 Del. Laws, c. 178, § 1; Code 1935, § 3727; 12 Del. C. 1953, § 321; 70 Del Laws, c. 186,, § 1;
The descent or devolution of the estate, real or personal, of a married person who, before the marriage, has made a last will and testament and has not made provision for the married person's spouse by will or otherwise, shall be subject to the following rights of the surviving husband or widow:
(1) If the testator leaves 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;
(2) If the testatrix leaves 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.
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