No action shall be brought to charge the personal representatives or heirs of any deceased person upon any agreement to make a will of real or personal property, or to give a legacy or make a devise, unless such agreement is reduced to writing, or some memorandum or note thereof is signed by the person whose personal representatives or heirs are sought to be charged, or some other person lawfully authorized in writing, by the decedent, to sign for in the decedent’s absence. This section shall not apply to any agreement made prior to May 1, 1933.

Code 1852, § ?1167; 13 Del. Laws, c. 451; Code 1915, § ?2626; 38 Del. Laws, c. 157; Code 1935, § ?3106; 48 Del. Laws, c. 224, § ?1; 6 Del. C. 1953, § ?2715; 70 Del. Laws, c. 186, § ?1;

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Terms Used In Delaware Code Title 6 Sec. 2715

  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Legacy: A gift of property made by will.
  • Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
  • Personal property: All property that is not real property.