Whenever the issue of any child or other kindred of an intestate claim according to stocks by right of representation, the representatives, however numerous, of 1 stock, shall have, among them, 1 share proportioned to their aggregate interest, which share, if allotted to several, shall be subdivided among the parties to whom it is allotted; and further subdivision, if necessary, shall be made, until the share of each owner is apportioned to each such owner in severalty; and the partition shall be the same, whether the deceased child or other kindred whose issue are parties died before or after the decease of the intestate.
Structure Delaware Code
Chapter 7. JOINT ESTATES AND PARTITION
Subchapter II. Partition Proceedings
§ 721. Petition for partition; persons entitled to apply.
§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.
§ 724. Decree of partition; appointment and duties of commissioners.
§ 725. Appointment of a new commission.
§ 726. Final decree of partition.
§ 727. Proportionment of shares among issue claiming by stocks.
§ 728. Procedure upon petition by all interested parties.
§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.
§ 730. Allotment of primary interests.
§ 731. Deed upon death of purchaser.
§ 732. Title upon sale; transfer of liens to proceeds.
§ 733. Investment or division of sale proceeds.
§ 734. Sales upon credit; purchase money security; preference of mortgage.
§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.
§ 737. Procedure where dower, curtesy or life estate exists.
§ 738. Advancements; treatment upon partition.
§ 739. Assignment of dower without embracing residue.
§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.
§ 741. Appointment of trustee for joint owner's widow with a mental disability.
§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.
§ 744. Curtesy; barred by wrongful conduct of husband.
§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.
§ 748. Power of commissioners to make return of partition of part of lands; procedure.