Delaware § 1704 Hearing; competency of witnesses

Delaware Statutes

§ 1704 — Hearing; competency of witnesses

Delaware § 1704

Title12

PartAdministration of Decedents’ Estates

Ch. 17ABSENTEES; PRESUMED DECEDENTS

This text of Delaware § 1704 (Hearing; competency of witnesses) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 1704 (2026).

Text

At the hearing in either of the cases provided for in § § 1702 and 1703 of this title, the Court of Chancery shall take such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; or it may appoint a Magistrate to take such testimony, and report the findings thereon. No person shall be disqualified to testify by reason of relationship as spouse to the presumed decedent, or of interest in the estate of the presumed decedent.

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At the hearing in either of the cases provided for in § § 1702 and 1703 of this title, the Court of Chancery shall take such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; or it may appoint a Magistrate to take such testimony, and report the findings thereon. No person shall be disqualified to testify by reason of relationship as spouse to the presumed decedent, or of interest in the estate of the presumed decedent.

Legislative History

16 Del. Laws, c. 132, §§ 1, 2 ; Code 1915, § 3361; Code 1935, § 3826; 42 Del. Laws, c. 140, § 1 ; 12 Del. C. 1953, § 1703; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 101, § 8