Delaware General Assembly


CHAPTER 343

JOINT ESTATES AND PARTITION

BARRING OF CURTESY

AN ACT TO AMEND CHAPTER 95, OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "JOINT ESTATES AND PARTITION," WITH REFERENCE TO THE BARRING OF CURTESY.

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

Section 1. That Chapter 95, of the Revised Code of Delaware, 1935, as amended be and the same is hereby further amended by inserting after 3757. Sec. 24 thereof a new code section to be known as 3757A. Sec. 24A, as follows:

3757A. Sec. 24A. CURTESY: HOW BARRED:--If a husband leaves his wife to go with an adulteress, or willingly lives in adultery in a state of separation from his wife, not occassioned by her fault, in either case, unless his wife be reconciled to him and suffers him to dwell with her--or if he be convicted of wrongfully killing his wife, he shall forfeit his curtesy and all demands, as her husband, upon her real or personal estate and any estate, charge, or benefit settled upon him, or upon trust for him, in lieu of courtesy.

Approved June 30, 1949