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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 11. ESCHEATS
Subchapter V. Escheat of Postal Savings System Accounts

(3) Special notice of intention to escheat the unclaimed postal savings system accounts originally deposited in each post office must be published once in each of 3 successive weeks in a newspaper published in the county in which the post office is located. Such notice must list the names of the owners of each unclaimed account to be escheated if the account has a principal balance of $3 or more. (1811)

(12 Del. C. 1953, Sec. 1223; 58 Del. Laws, c. 329; 58 Del. Laws, c. 426, Sec. 18.) (1812)

(a) The Secretary of State shall present a copy of each final judgment of escheat to the United States Treasury Department for payment of the principal due and the interest computed under regulations of the United States Treasury Department. The payment received shall be deposited in the General Fund in the State Treasury. (1813)

(b) This State shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed postal savings system accounts. The burden of the indemnification falls upon the fund into which the proceeds of the escheated accounts have been paid. (1814)

(12 Del. C. 1953, Sec. 1224; 58 Del. Laws, c. 329; 58 Del. Laws, c. 426, Sec. 18.) (1815)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (1816)

CHAPTER 13. GENERAL PROVISIONS (1817)(Text)

Sec. 1301. Production of will; liability. (1818)(Text)

(a) Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver the same to the Register of Wills for the county in which the person resides, within 10 days from the time the person receives information of the death of the testator. (1819)

(b) Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Also, any person who wilfully fails to deliver a will after being ordered by the Court of Chancery in a proceeding brought for the purpose of compelling delivery is subject to penalty for civil contempt of Court. (1820)

(27 Del. Laws, c. 268, Sec. 2; Code 1915, Sec. 3265; Code 1935, Sec. 3729; 12 Del. C. 1953, Sec. 1301; 59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1821)

Sec. 1302. Proving will. (1822)(Text)

(a) A will shall be proved before the Register of Wills of the county in which the testator was domiciled at the time of death. If the testator was not domiciled in this State, it may be proved before the Register of any county in this State wherein there are any goods or chattels, rights or credits, or lands or tenements of the deceased. (1823)

(b) To be effective to prove a transfer of any property or to nominate an executor, a will must be declared to be valid by admission to probate. (1824)

(Code 1852, Sec.Sec. 1767, 1768; 18 Del. Laws, c. 674; Code 1915, Sec. 3334; 35 Del. Laws, c. 203, Sec. 1; Code 1935, Sec. 3799; 12 Del. C. 1953, Sec. 1303; 59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1825)

Sec. 1303. Notice and subpoena to persons interested. (1826)(Text)

Proof of a will may be taken without notice to persons interested, unless such a person requests it by petition filed with the Court of Chancery. Upon receiving such petition, the Court shall, and in any case it may, appoint a time for taking the proof, and issue subpoena, requiring any person to be present at the taking of such proof. In respect to persons not within the State it may order such service or publication of notice as it deems proper. (1827)

(Code 1852, Sec.Sec. 1767, 1768; 18 Del. Laws, c. 674; Code 1915, Sec. 3334; 35 Del. Laws, c. 203, Sec. 1; Code 1935, Sec. 3799; 12 Del. C. 1953, Sec. 1304; 59 Del. Laws, c. 384, Sec. 1.) (1828)

Sec. 1304. Unavailability of witnesses. (1829)(Text)

(a) In case any attesting and subscribing witness to a will, at the time the will is presented for probate, is dead, is serving in the armed forces of the United States or is a merchant sailor, or is mentally or physically incapable of testifying or is not within the State, or is otherwise unavailable, proof of the signature of such witness shall be sufficient. Such proof shall be the testimony in person or by deposition of a credible disinterested person that the signature of the witness on the will is in the handwriting of the person whose signature it purports to be, or other sufficient proof of such handwriting. (1830)

(b) If a will cannot be proven because the signature of 1 or more of the attesting and subscribing witnesses to it cannot be proven, then proof of the signature of the testator shall be sufficient. Where the signature of 1 witness can be proven, the proof of the signature of the testator shall be the testimony in person or by deposition of a credible disinterested person that the signature of the testator on the will is in the handwriting of the person whose will it purports to be, or other sufficient proof of such handwriting. Where none of the signatures of the witnesses can be proven, the proof of the signature of the testator shall be the testimony in person or by deposition of 2 credible disinterested persons that the signature of the testator on the will is in the handwriting of the person whose will it purports to be, or other sufficient proof of such handwriting. (1831)

(c) The foregoing provisions of this section shall not preclude the Register of Wills from requiring, in addition, the testimony in person or by deposition of any subscribing witness, or proof of such other pertinent facts and circumstances as the Register deems necessary to admit the will to probate. (1832)

(Code 1852, Sec.Sec. 1767, 1768; 18 Del. Laws, c. 674; Code 1915, Sec. 3334; 35 Del. Laws, c. 203, Sec. 1; Code 1935, Sec. 3799; 45 Del. Laws, c. 232, Sec. 1; 12 Del. C. 1953, Sec. 1305; 59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1833)

Sec. 1305. Self-proved will. (1834)(Text)

An attested will may at the time of its execution or at any subsequent (1835)

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