At the hearing in either of the cases provided for in §§ 1702 and 1703 of this title, the Court of Chancery shall take such legal evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established; or it may appoint a master to take such testimony, and report the findings thereon. No person shall be disqualified to testify by reason of relationship as husband or wife to the presumed decedent, or of interest in the estate of the presumed decedent.

16 Del. Laws, c. 132, §§ ?1, 2; Code 1915, § ?3361; Code 1935, § ?3826; 42 Del. Laws, c. 140, § ?1; 12 Del. C. 1953, § ?1703; 59 Del. Laws, c. 384, § ?1; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 12 Sec. 1704

  • Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.