§ 2313 — Anti-lapse; deceased devisee; class gifts

Delaware § 2313

• Jurisdiction: Delaware
• Title: 12
• Part: Administration of Decedents’ Estates
• Ch. 23: ACCOUNTING AND DISTRIBUTION
• Subch.: Payment of Legacies or Distributive Shares

Text

(a) (1) If a devisee or legatee who is a grandparent or lineal descendant of a grandparent of the testator is dead at the time of the execution of the will, fails to survive the testator or is treated as if the devisee or legatee predeceased the testator, the issue of the deceased devisee or legatee who survived the testator by 120 hours take in place of the deceased devisee or legatee, per stirpes.

(2) One who would have been a devisee or legatee under a class gift if that person had survived the testator is treated as a devisee or legatee for purposes of this section whether death occurred before or after the execution of the will.

(b) This section shall not apply in the case of wills wherein provisions have been made for distribution of property different from this section.

Legislative History

36 Del. Laws, c. 259, § 1 ; Code 1935, § 3854; 12 Del. C. 1953, § 2313; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1