The descent or devolution of the estate, real or personal, of a married person who, before the marriage, has made a last will and testament and has not made provision for the married person’s spouse by will or otherwise, shall be subject to the following rights of the surviving husband or widow:

(1) If the testator leaves a widow, she shall have the same part of his estate, real and personal, as she would have been entitled to if he had died intestate;

(2) If the testatrix leaves a husband, he shall have the same part of her estate, real and personal, as he would have been entitled to if she had died intestate.

Code 1852, § ?1666; Code 1915, § ?3263; 38 Del. Laws, c. 178, § ?1; Code 1935, § ?3727; 12 Del. C. 1953, § ?321; 70 Del Laws, c. 186,, § ?1;