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Del. Code tit. 12, § 322

Assignment of share to surviving spouse

Code 1852, § 1666; Code 1915, § 3263; 38 Del

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.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.