Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a time for taking the proof, and issue subpoena, requiring any person to be present at the taking of such proof. In respect to persons not within the State it may order such service or publication of notice as it deems proper.

Code 1852, §§ ?1767, 1768; 18 Del. Laws, c. 674; Code 1915, § ?3334; 35 Del. Laws, c. 203, § ?1; Code 1935, § ?3799; 12 Del. C. 1953, § ?1304; 59 Del. Laws, c. 384, § ?1;

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Terms Used In Delaware Code Title 12 Sec. 1303

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
  • Subpoena: A command to a witness to appear and give testimony.