Posthumous children or children in the mother’s womb, if born alive, are within the foregoing provisions respecting after-born children. Such children shall take any estate or property, real or personal, by descent, transmission, gift, devise, limitation or otherwise in the same manner as if absolutely born at the decease of its parent. If such child is not born alive, the effect shall be the same, to all intents and purposes, as if no such child had ever existed.

Code 1852, § ?1665; Code 1915, § ?3262; Code 1935, § ?3726; 12 Del. C. 1953, § ?310; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 12 Sec. 310

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.