The part to which the surviving spouse shall be entitled under § 321 of this title shall be assigned and distributed in the same manner as if the deceased spouse had died intestate. When there are several devisees of such real estate or several legatees of such personal estate, such assignment and distribution to the surviving spouse shall be so made that each devisee or legatee shall contribute a just portion thereof.

Code 1852, § ?1666; Code 1915, § ?3263; 38 Del. Laws, c. 178, § ?1; Code 1935, § ?3727; 12 Del. C. 1953, § ?322;