Delaware Code Title 12 Sec. 1308 – Caveat against allowance of instrument as will; procedure
(a) A caveat against the allowance of an instrument as a will shall be received by the Court of Chancery at any time prior to the entry of an order of probate. The caveat having been received, the Court shall appoint a time for hearing and award citations for the parties interested, and order service or publication of notice to the parties not within the State in accordance with § 1303 of this title. If, when a caveat is received, a time be appointed and process issued, it shall not be necessary to adjourn the taking of the proof and hearing; but an adjournment may be decreed, and other process awarded, or order made.
Terms Used In Delaware Code Title 12 Sec. 1308
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Probate: Proving a will
- 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
(b) The Court of Chancery may determine the costs occasioned by such caveat and decree the payment thereof.
38 Del. Laws, c. 177, § ?1; Code 1935, § ?3800; 12 Del. C. 1953, § ?1309; 57 Del. Laws, c. 402, § ?3; 59 Del. Laws, c. 384, § ?1; 66 Del. Laws, c. 373, § ?1; 75 Del. Laws, c. 97, § ?19; 76 Del. Laws, c. 90, § ?18;