Delaware Code

1 Del. C. § 302 (2026)

Definitions

✓ current as of May 2026
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In the construction of this Code and of all other statutes of this State, unless the context requires a different meaning:

(1) “Adult” or “adult person” means a person of the age of 18 years or older.

(2) “Child” means a person who has not reached the age of 18 years.

(3) “Full age” means the age of 18 years or older.

(4) “Grantee” includes every person to whom a freehold estate or interest is conveyed.

(5) “Grantor” includes every person by whom a freehold estate or interest is conveyed.

(6) “Infancy” means an age of less than 18 years.

(7) “Infant” means a person who has not reached the age of 18 years.

(8) “Inhabitant” means a resident in any place.

(9) “Kin” and “kindred,” as applied to the descent of estates, signify kin or kindred by blood, and the degrees of consanguinity shall be computed by the civil law method; but collateral kindred claiming through a nearer common ancestor, shall be preferred to those claiming through a more remote common ancestor.

(10) “Lawful age” means the age of 18 years or older.

(11) “Minor” or “minor child” means a person who has not reached the age of 18 years.

(12) “Money” or “dollars” means lawful money of the United States.

(13) “Month” means a calendar month, unless otherwise expressed.

(14) “Oath” includes affirmation in all cases where an affirmation may be substituted for an oath, and “sworn” includes affirmed; and the forms shall be varied accordingly.

(15) “Person” and “whoever” respectively include corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals.

(16) “Person with a mental condition” includes every person with an emotional or psychiatric disorder or disability.

(17) “Real estate” or “real property” is synonymous with the phrase “lands, tenements and hereditaments.”

(18) “State” means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States.

(19) “Tavern” includes inn.

(20) “Under age” means an age of less than 18 years.

(21) “United States” includes its territories and possessions and the District of Columbia.

(22) “Will” means “last will and testament” and includes “codicil.”

(23) “Written” and “writing” respectively include printing and typewriting and reproductions of visual symbols by photographing, lithographing, multigraphing, mimeographing, manifolding or otherwise; but in all cases where the written signature of any person is by law required, it shall be the proper handwriting of such person, or if the person cannot write the person’s name, the person’s mark.

(24) “Year” means a calendar year, and is equivalent to the words “year of our Lord.”

Code 1852, §§  37-49;  Code 1915, §  1;  Code 1935, §  1;  1 Del. C. 1953, §  302;  49 Del. Laws, c. 57, §  158 Del. Laws, c. 439, §  270 Del. Laws, c. 186, §  178 Del. Laws, c. 179, §  1
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1954–2024 · leading case: Bartley v. Holden, 338 A.2d 137 (Del. Super. Ct. 1975).
Bartley v. Holden, 338 A.2d 137 (Del. Super. Ct. 1975). · cites it 3× “(1 Del.C. § 302, § 701). Conversely, it provided that one who has not reached the age of 18 years is a child, an infant, a minor, a minor child and under age.”
Chinn v. Downs, 421 A.2d 915 (Del. Ch. 1980). “entify the takers of the corpus of each of the trusts here in issue, he also made it clear that such descent was to be carried out “ * * * according to the statute of the State of Delaware”, and I have no doubt but that the settlor, in employing such phrase, made reference not…”
Wilmington Trust Co. v. Hahn, 241 A.2d 517 (Del. 1968). “1 Del.C. § 302, the term “mentally ill” incudes every “idiot, lunatic person or person non compos mentis".”
In Re Cain, 108 A.2d 578 (Del. Super. Ct. 1954). “1 Del.C. § 302. There was no statute providing for the appointment of fiduciaries for those persons who, by reason of age, mental infirmity (as contrasted with insanity), or physical incapacity, were unable to manage their own property, yet who could easily become the victim of…”
State of Delaware, Dep't of Nat. Resources & Env't Control v. Delaware Pub. Serv. Comm'n (Del. Super. Ct. 2020). · cites it 2× “Newport News where the United States Supreme Court held that 7 definition of “person” found in 1 Del. C. § 302(15) does not include state agencies.”
Delaware Ass'n of Alt. Energy Providers, Inc. v. Chesapeake Utils. Corp. (Del. Super. Ct. 2021). · cites it 2× “Under 1 Del. C. § 302(15), “person” is defined as “corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, as well as individuals.”
Delaware Bldg. & Constr. Trades Council, AFL-CIO v. The Univ. of Delaware (Del. Super. Ct. 2016). “35 Pursuant to 1 Del. C. § 302(18), the word “State,” as used throughout the Delaware Code, means “the State of Delaware.”
IMO the Est. of George Wroten Cordray & Robert L. Lane, Admin. for the Est. of George Wroten Cordray (Del. Ch. 2023). “1983) (interpreting 1 Del. C. § 302(9)). 8 Pet. Instructions Ex.”
Riad v. Brandywine Valley SPCA, Inc. (Del. 2024). “” 1 Del. C. § 302(15); see also Bryan A. Garner, Garner’s Dictionary of Legal Usage, 670 (3d ed.”
Riad v. Brandywine Valley SPCA, Inc. (Del. 2024). “” 1 Del. C. § 302(15); see also Bryan A. Garner, Garner’s Dictionary of Legal Usage, 670 (3d ed.”
— 1 Del. C. § 302(15) — 4 cases
State of Delaware, Dep't of Nat. Resources & Env't Control v. Delaware Pub. Serv. Comm'n (Del. Super. Ct. 2020). “Newport News where the United States Supreme Court held that 7 definition of “person” found in 1 Del. C. § 302(15) does not include state agencies.”
Delaware Ass'n of Alt. Energy Providers, Inc. v. Chesapeake Utils. Corp. (Del. Super. Ct. 2021). “Under 1 Del. C. § 302(15), “person” is defined as “corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, as well as individuals.”
Riad v. Brandywine Valley SPCA, Inc. (Del. 2024). “” 1 Del. C. § 302(15); see also Bryan A. Garner, Garner’s Dictionary of Legal Usage, 670 (3d ed.”
Riad v. Brandywine Valley SPCA, Inc. (Del. 2024). “” 1 Del. C. § 302(15); see also Bryan A. Garner, Garner’s Dictionary of Legal Usage, 670 (3d ed.”
— 1 Del. C. § 302(18) — 1 case
Delaware Bldg. & Constr. Trades Council, AFL-CIO v. The Univ. of Delaware (Del. Super. Ct. 2016). “35 Pursuant to 1 Del. C. § 302(18), the word “State,” as used throughout the Delaware Code, means “the State of Delaware.”
— 1 Del. C. § 302(9) — 1 case
IMO the Est. of George Wroten Cordray & Robert L. Lane, Admin. for the Est. of George Wroten Cordray (Del. Ch. 2023). “1983) (interpreting 1 Del. C. § 302(9)). 8 Pet. Instructions Ex.”
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