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Del. Code tit. 25, § 908

Procedure upon death of either party

Code 1852, § 1763; Code 1915, § 3330; Code 1935, § 3795; 25 Del

The action for waste shall not abate by the death of either party, but the heir shall be admitted to prosecute the action for waste on the death of the plaintiff. If the defendant dies, the defendant’s executors or administrators may be made parties by a writ of scire facias.

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