Delaware Statutes

§ 212 — Bequest of tangible personal property by separate writing

Delaware·Title 12·Part Wills·Ch. 2 GENERAL PROVISIONS·Subch. Tenets and Principles

A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing:

(1)Must either be in the handwriting of the testator or be signed by the testator and must identify the items and the legatees with reasonable certainty;
(2)Must not be inconsistent with the terms of the will; and
(3)Must not be inconsistent with any other writing permitted by this section unless the writing is dated in which case the writing with the latest date will control. Notwithstanding the foregoing, in the case of a writ

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Legislative History

59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1; 77 Del. Laws, c. 98, § 1

Nearby Sections

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