Delaware Code Title 12 Sec. 2313 – Anti-lapse; deceased devisee; class gifts
(a) (1) If a devisee or legatee who is a grandparent or lineal descendant of a grandparent of the testator is dead at the time of the execution of the will, fails to survive the testator or is treated as if the devisee or legatee predeceased the testator, the issue of the deceased devisee or legatee who survived the testator by 120 hours take in place of the deceased devisee or legatee, per stirpes.
(2) One who would have been a devisee or legatee under a class gift if that person had survived the testator is treated as a devisee or legatee for purposes of this section whether death occurred before or after the execution of the will.
Terms Used In Delaware Code Title 12 Sec. 2313
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Legatee: A beneficiary of a decedent
- Lineal descendant: Direct descendant of the same ancestors.
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
- Testator: A male person who leaves a will at death.
(b) This section shall not apply in the case of wills wherein provisions have been made for distribution of property different from this section.
36 Del. Laws, c. 259, § ?1; Code 1935, § ?3854; 12 Del. C. 1953, § ?2313; 59 Del. Laws, c. 384, § ?1; 70 Del Laws, c. 186,, § ?1;