Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 738
Advancements; treatment upon partition
# (a)
If any child of an intestate or any issue of such child has received any lands, tenements or hereditaments as an advancement out of the intestate’s estate, or by settlement of or by way of gift from the intestate in the intestate’s own lifetime, or by means of purchase the consideration of which was paid or satisfied by the intestate, the lands, tenements or hereditaments shall be estimated in the partition, or distribution of the intestate’s real estate, or proceeds of sale of real estate, as part thereof, and shall be held by the child or issue for or towards that child’s or issue’s share of the estate or proceeds.
# (b)
The settlement, gift or other advancement shall not be considered in determining or assigning the widow’s dower.
Amendment history
70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 25-506 · Rule against accumulations
- 25-701 · Creation of estate in joint tenancy; exception
- 25-702 · Actions for use and occupation between cotenants
- 25-721 · Petition for partition; persons entitled to apply
- 25-722 · Service of summons
- 25-723 · Unknown or uncertain parties in interest; description in…
- 25-724 · Decree of partition; appointment and duties of commissioners
- 25-725 · Appointment of a new commission
- 25-726 · Final decree of partition
- 25-727 · Proportionment of shares among issue claiming by stocks
- 25-728 · Procedure upon petition by all interested parties
- 25-729 · Appointment of trustee for public sale of premises; conveyance…
- 25-730 · Allotment of primary interests
- 25-731 · Deed upon death of purchaser
- 25-732 · Title upon sale; transfer of liens to proceeds
- 25-733 · Investment or division of sale proceeds
- 25-734 · Sales upon credit; purchase money security; preference of…
- 25-735 · Costs
- 25-736 · Dower, curtesy or other estate in undivided shares of parties…
- 25-737 · Procedure where dower, curtesy or life estate exists
- 25-738 · Advancements; treatment upon partition
- 25-739 · Assignment of dower without embracing residue
- 25-740 · Election to take dower from proceeds of sale; investment or…
- 25-741 · Appointment of trustee for joint owner’s widow with a mental…
- 25-742 · Appraisement of value of widow’s dower; payment of widow’s…
- 25-743 · Investment or deposit of share of persons holding curtesy…
- 25-744 · Curtesy; barred by wrongful conduct of husband
- 25-745 · Real estate in more than 1 county; appointment of freeholders;…
- 25-746 · Partition of several tracts held by same joint owners; power…
- 25-747 · Partition of several tracts where some parties hold interest…
- 25-748 · Power of commissioners to make return of partition of part of…
- 25-749 · Certified copy of record as evidence
- 25-750 · Limitation of appeals
- 25-751 · Powers of Court of Chancery
- 25-901 · Liability in actions for waste
- 25-902 · Liability of an assignee and tenant in possession
- 25-903 · Liability of husband or assignee of tenant
- 25-904 · Liability of cotenants
- 25-905 · Actions by heirs
- 25-906 · Accidental fire in house not waste