§ 1710 — Revocation of letters and vacation of decree of presumed death — Effect generally

The Court of Chancery may revoke the letters and vacate the decree that the presumption of death has been established, at any time, on due and satisfactory proof that the presumed decedent is in fact alive. After such revocation all the powers of the executor or administrator shall cease, but all receipts or disbursements of assets, and other acts previously done by the executor or administrator, shall remain as valid as if the letters were unrevoked. The executor or administrator shall settle an account of administration down to the time of such revocation, and shall transfer all assets remaining to the person as whose executor or administrator the executor or administrator acted, or to a duly authorized agent or attorney. Nothing contained in this chapter shall validate the title of any person to any money or property received as surviving spouse, next of kin, heir, legatee or devisee of such presumed decedent, but the same may be recovered from such person in all cases in which such recovery would be had if this chapter had not been passed.

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, § 1709; 59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1