Delaware § 310 Posthumous children

Delaware Statutes

§ 310 — Posthumous children

Delaware § 310

JurisdictionDelaware

Title12

PartWills

Ch. 3AFTER-BORN CHILDREN; MARRIAGE AFTER WILL

Subch.After-Born Children

This text of Delaware § 310 (Posthumous children) 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, § 310 (2026).

Text

Posthumous children or children in the mother’s womb, if born alive, are within the foregoing provisions respecting after-born children. Such children shall take any estate or property, real or personal, by descent, transmission, gift, devise, limitation or otherwise in the same manner as if absolutely born at the decease of its parent. If such child is not born alive, the effect shall be the same, to all intents and purposes, as if no such child had ever existed.

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Posthumous children or children in the mother’s womb, if born alive, are within the foregoing provisions respecting after-born children. Such children shall take any estate or property, real or personal, by descent, transmission, gift, devise, limitation or otherwise in the same manner as if absolutely born at the decease of its parent. If such child is not born alive, the effect shall be the same, to all intents and purposes, as if no such child had ever existed.