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Christiana Hospital v. Fattori8/6/1998
itations for review of a will, found at 12 Del. C. § 1309, where a federal action had been filed within the period of limitations. Relying on the language of § 8118, the Chancellor found Section 8118(a) inapplicable to actions brought under 12 Del. C. § 3109 because "the time within which a will review proceeding is to be commenced is not set forth in Chapter 81 of Title 10 and thus is not subject to Section 8118." On appeal this Court agreed with this rationale and affirmed the result.
On the basis of the foregoing, the decision of the Superior Court is
REVERSED.
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