Delaware Code Title 25 Sec. 738 – Advancements; treatment upon partition
(a) If any child of an intestate or any issue of such child has received any lands, tenements or hereditaments as an advancement out of the intestate’s estate, or by settlement of or by way of gift from the intestate in the intestate’s own lifetime, or by means of purchase the consideration of which was paid or satisfied by the intestate, the lands, tenements or hereditaments shall be estimated in the partition, or distribution of the intestate’s real estate, or proceeds of sale of real estate, as part thereof, and shall be held by the child or issue for or towards that child’s or issue’s share of the estate or proceeds.
Terms Used In Delaware Code Title 25 Sec. 738
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dower: A widow
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Intestate: Dying without leaving a will.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The settlement, gift or other advancement shall not be considered in determining or assigning the widow’s dower.
Code 1852, § ?1681; Code 1915, § ?3288; Code 1935, § ?3752; 25 Del. C. 1953, § ?738; 70 Del. Laws, c. 186, § ?1;