CHAPTER 179
REVIEW OF THE PROBATE OF WILLS
AN ACT to Amend Article I of the Revised Code of Delaware (1915) Relating to Review of the Probate of Wills, by the Repeal of 3336, Sec. 3, and by Substituting in Lieu Thereof a New Section, to be Known as 3336, Sec. 3.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 98 of the Revised Code of Delaware (1915) be and the same is hereby amended by striking out and repealing all of 3336 Sec. 3. and by substituting in lieu thereof a new section to be known as 3336, Sec. 3, as follows :
3336. Sec. 3. Review, When Ordered ; Bond for Costs ; Proceedings Upon : Any person interested who shall not voluntarily appear at the time of taking the proof of a will, or be served with citation or notice as provided in Sec. 1, shall at any time within one year after such proof have a right of review which shall on his petition be ordered by the Register, but unless the petitioner or petitioners shall, within ten days after such review shall have been ordered by the Register, give bond to the State, jointly and severally if more than one petitioner, with such sureties and in such penal sum not less than $500.00 and not more than $5,000.00 as the Register may determine, conditioned for the payment of any and all costs occasioned by such review which may be decreed against such petitioner or petitioners, such petition shall be considered as abandoned and shall be dismissed and proceedings may be had in all respects as though no such review had been ordered. Upon such review there shall be the same proceedings as upon a caveat ; and the allowance of the will and granting of letters may be affirmed or the will rejected and the letters revoked. The Register shall have authority to determine the costs occasioned by such review and decree the payment of such costs by the petitioner or petitioners. In cases where the Register is personally interested in any question raised by said petition, the word "Register" wherever used in this section shall be interpreted as meaning "Orphans' Court".