A devise of real estate, without words of limitation, shall be construed to pass the fee simple, or other whole estate, or interest, which the testator could lawfully devise in such real estate, unless a contrary intention appears by the will.

Code 1852, § ?1667; Code 1915, § ?3243; Code 1935, § ?3707; 12 Del. C. 1953, § ?106; 59 Del. Laws, c. 384, § ?1;

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Terms Used In Delaware Code Title 12 Sec. 205

  • Devise: To gift property by will.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Testator: A male person who leaves a will at death.