Delaware General Assembly

CHAPTER 231

ORPHANS' COURT

AN ACT to Amend Chapter 118 of the Revised Code of the State of Delaware, relating to Orphans' Court.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 118 of the Revised Code of Delaware, be, and the same is hereby amended by repealing 3916, Sec. 9 of said Chapter and inserting in lieu thereof the following:

Section to be styled 3916, Sec. 9.

3916. Sec. 9. GUARDIANS; NAMED BY WILL OR DEED; CHOICE OF MINOR ABOVE FOURTEEN YEARS; APPOINTMENT FOR MINOR UNDER FOURTEEN YEARS: The sole surviving parent of any minor child, may, by deed or last will, name a guardian of the person or property, or both, of his or her child, who shall be appointed, if there be no just cause to the contrary; provided, however, that any parent may by deed or will, name a guardian as to the property which his or her child may inherit from him or her, who shall be appointed if there be no just cause to the contrary.

A minor, over fourteen years old, may choose a guardian, and the Court, if there be no just cause to the contrary, shall appoint the person chosen.

When a minor is under the age of fourteen years, or Court may appoint guardian, is resident out of the State, or neglects to choose a proper guardian, the Court may appoint a guardian according to its discretion.

Section 2. All acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 5, A. D. 1923.