Delaware § 1704 Hearing; competency of witnesses

Delaware Statutes

§ 1704 — Hearing; competency of witnesses

Delaware·Title 12·Part Administration of Decedents’ Estates·Ch. 17 ABSENTEES; PRESUMED DECEDENTS

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.

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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