CHAPTER 177
REGISTER OF WILLS
AN ACT to Amend Chapter 98, Revised Code of Delaware, Relating to Settlement of Personal Estates and Register of Wills.
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 That Chapter 98 of the Revised Code of Delaware (1915) be and the same is hereby repealed by striking out and repealing all of 3335. Sec. 2. and substituting in lieu thereof a new section to be known as 3335. Sec. 2. as follows :
3335. Sec. 2. Caveat ; Bond for Cost, Proceedings Upon : A caveat against the allowance of an instrument as a will shall be received at any time before its proof, but unless the caveator or caveators shall within ten days after the filing of such caveat give bond to the State, jointly, and severally if more than one caveator, with such sureties and in such penal sum not less than $500.00 and not more than $5,000.00 as the Register of Wills may determine, conditioned for the payment of any and all costs occasioned by such caveat which may be decreed against such caveator or caveators, such caveat shall be considered as abandoned and shall be dismissed and proceedings may be had in all respects as though no such caveat had been filed. The bond having been given, the said Register shall appoint a time for hearing and award citations for the parties interested, and order service or publication of notice to the parties not within the State as in the first section. If, when a caveat is received, a time be appointed and process issued, it shall not be necessary to adjourn the taking of the proof and hearing ; but an adjournment may be decreed, and other process awarded, or order made
by the caveator or caveators. In cases where the said Register is personally interested in any question raised by said caveat the word "Register of Wills" or "Register" wherever used in this Section shall be interpreted as meaning "Orphans' Court".
Approved May 16, 1933.