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OF TITLES TO REAL PROPERTY.

CHAPTER 246.

OF SALES OF TRUST PROPERTY.
AN ACT to authorize sales of Trust Property in certain cases, and for

other purposes.

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

Volume 18, amended.

SECTION 1. That Chapter 208, Vol. 18, Laws of Dela- Chapter 208, ware, entitled “An act concerning investments by Guardians an and Trustees,” be and the same is hereby amended by adding thereto the following:

Trustees.

sale of property.

SECTION 2. That upon petition of any trustee having the Petition of legal title to any property, real, personal, or mixed, setting forth that the sale and conversion thereof would be beneficial to the person interested in the trust, the Chancellor may, by Order for order made thereon in his discretion, authorize and direct pro such trustee and sell the whole, or so much as may be proper, of such trust property, and to transfer and convey Conveyance the same to the purchaser thereof, absolutely and in fee simple, freed from any trust and without liability on the part of such purchaser as to the application of the purchase inoney. Provided, that in cases where the sale or conversion of Trust proptrust property has been or may be expressly prohibited by the alienable by instrument creating the trust, no sale or conversion shall .be serums taken to be hereby authorized, and provided, moreover, creating that the proceeds of all sales made under the authority of Proceeds of this act shall be held under and subject to the same trusts as sale. those to which the property sold was subject, and in cases where real property is to be sold the trustee thereof shall first give sufficient bond, with surety to be approved by the Bond of Chancellor, for the preservation and protection of the proceeds of such sales for the purposes of the trust, and subject to the orders and decrees of the Chancellor in the premises.

strument

trust.

Trustee.

assignment

of stock, etc

SECTION 3. That when stocks, bonds, or other securities Transfer or of any incorporated company are transferred or assigned by of certificate trustees, guardians, or other fiduciaries, the production of a of $ certificate from the proper public official, under the seal of his office, setting forth that such trustee, guardian, or other fiduciary has been duly appointed such, and setting forth that

OF TITLES TO REAL PROPERTY.

such trustee, guardian, or other fiduciary has authority to direct such transfer, assignment, or reissue, shall be sufficient in law to authorize the officers of such company to transfer or reissue such stocks, bonds, or other securities to such person or persons as such trustee, guardian, or fiduciary inay in writing direct, without liability on the part of any such company or its officers for the breach of trust, misconduct, or misapplication or inismanagement of property by such trustee, guardian, or other fiduciary.

Passed at Dover, May 5, 1891.

CHAPTER 247.

OF CONVEYANCES.
AN ACT to amend Chapter 617 of Volume 17 of the Laws of Delaware

entitled "An act in relation to Sheriffs making deeds for lands and tene-
ments sold by them under execution process," passed at Dover, April 17,
1883.

Chapter 617.

Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Section 1, SECTION 1. That Section 1 of Chapter 617 of Volume Volume 17," 17 of the Laws of Delaware, entitled "An act in relation

to Sheriffs making deeds for lands and tenements sold by thein under execution process," passed at Dover, April 17, 1883, be and the same is hereby repealed and stricken out, and the following inserted in lieu thereof, to wit:

repealed.

whose term expires after

but before

Sale under SECTION 1. That whenever an execution for sale of lands Sheriffon by and tenements shall be directed and delivered to a sheriff in

mer office whose term shall expire before the confirmation of the confirmation sale made under and by virtue of the said execution, or execution whose terin shall expire after confirmation of said sale but ledgment of before the execution and acknowledgment of the deed to be

made in pursuance thereof, then and in either case the sheriff making said sale shall have authority as late sheriff to make, execute and acknowledge a deed for the lands and teneinents so sold to the purchaser thereof in pur

deed.

OF TITLES TO REAL PROPERTY.

acknowledge

suance of said confirmation, and the deed so made, executed and acknowledged by him as late sheriff shall be good and valid in law, provided, however, that the deed shall be made, Time of executed and acknowledged by him within two years from ment the date of the confirmation of the sale. SECTION 2. That the provisions of this act shall apply to Retrospec.

tive effect of all sales which have heretofore occurred where no deed has acte been made, as well as to sales hereafter to be made.

Passed at Dover, April 3, 1891.

CHAPTER 248.

OF CONVEYANCE.
AN ACT to confirm the Title of Charles DeKay Townsend to a certain

lot of land therein mentioned.

Whereas Charles DeKay Townsend is the owner and pos- Preamble. sessor of a lot of land in the city of New Castle, between Harmony and Chestnut streets, bounded northeast by land of Elizabeth Murphy, northwest by Market street, southwest by lands of Thomas L. Truss and others, and washed on its southeastern part by the tidal waters of the River Delaware. And whereas great damage and destruction hath been heretofore done to the said lot by the erosion of the waters of said river upon the fast land thereof, and the undermining and consequent falling of the walls of two brick dwelling houses formerly standing thereon, which erosion and damage are still actively going on. And whereas the Legislature by certain acts passed at Dover in February and March, A. D. 1851, granted to Elihu Jefferson, Elizabeth Murphy and James Kennedy respectively all the right, title and interest of this State to the flats lying in front of their respective lots, which comprise all the flats lying between Harmony street and the “Potter's field,” except those in front of said Townsend's lot, between the Murphy and Kennedy grants aforesaid. And whereas a doubt may exist whether without legislative aid the title of said Townsend in and to the flats aforesaid so lying in front of his said lot may not be brought in question; therefore

OF TITLES TO REAL PROPERTY.

and flats

send.

powers of

sink piersof said rivere a whole

Kay Town

Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Certain lot SECTION 1. That all the right, title and interest of the vested in State of Delaware in and to so much of the Townsend lot Kay Town. aforesaid and the river flats in front thereof, as extends from

the fast land for its whole breadth out into the deep waters of said river, shall be and the same is hereby vested in the

said Charles DeKay Townsend, his heirs and assigns forever. Rights and SECTION 2. That it shall be lawful for the said Charles Charles De DeKay Townsend to sink piers on the water front of said send over lot, commencing on the shore of said river at or near high property. water mark, and thence to extend for the whole breadth

thereof out into the deep waters of said river, subject, however, to the lawful regulation of the proper authorities in

respect to the navigation, etc., of said river. Privilege of SECTION 3. That if at any time hereafter it shall be Front street needful for the public convenience that Front street in said

city of New Castle shall be opened for public use, the right is hereby reserved to the proper authorities of said city to lay out, open and dedicate said street to public use without compensation in damages or otherwise to the present or future owners of said lot.

SECTION 4. This act shall be deemed and taken to be a public act.

Passed at Dover, jlarch 27, 1891.

opening

reserved.

Public act.

CHAPTER 249.

OF TRUSTEES U'NDER WILL.
AN ACT to authorize the Trustees under the Will of Edwin A. Wilson

to sell and convey certain real estate.
Whereas Edwin A. Wilson, late of the city of Wilmington
and State of Delaware, deceased, being in his lifetime and at
the time of his death seized in fee simple (inter alia) of cer-
tain real estate situated in the said city of Wilmington, to
wit:

Preamble.

OF TITLES TO REAL PROPERTY.

undred feeson and Van the southeer,

surenu the easto Heald; Buren strefeet

All those three lots of land (Numbers 23, 24, and 36, on Joshua Heald's plot), Nos. 23 and 24, adjoining each other, described together, as follows: Beginning at the southerly side of Reed street, between Jackson and Van Buren streets, at the distance of one hundred feet from the easterly side of Van Buren street, at a corner of a lot sold to William Preston; thence with said Williani Preston's line southerly, parallel with Van Buren street, eighty-three feet to the northerly side of a four feet wide alley running parallel with Reed street; thence with said alley side easterly thirty-six feet to a corner of a lot sold to Joseph Pyle; thence with said J. Pyle's line eighty-three feet to the said side of Reed street, and thence therewith westerly thirty-six feet to the place of beginning, be the contents thereof what they inay. And number 36, beginning at the northerly side of Dock street, between Jackson and Van Buren streets, at the distance of one hundred and eighteen feet from the easterly side of Van Buren street, at a corner of a lot sold to Jacob Heald; thence with Jacob Heald's line northerly, parallel with VanBuren street, eighty-three feet to the southerly side of the aforesaid four feet wide alley; thence with said alley side easterly eighteen feet to a corner of land sold to Edward Betts; thence with said Edward Betts' line southerly parallel with Van Buren street. eighty feet to the said side of Dock street, and thence therewith westerly eighteen feet to the place of beginning; containing fourteen hundred and ninety-four feet of land, more or less, with the free use and privilege of said four feet wide alley forever. Being the same lots of land and premises which Joshua T. Heald and Hannah P., his wife, by an indenture under their hands and seals, bearing date the seventh day of June, A. D. 1858, did grant and convey in fee simple unto the said Edwin A. Wilson, which said indenture is duly recorded in the office for the recording of deeds, &c., in and for New Castle county;

utherly Hillel with Val; thence with

And whereas the said Edwin A. Wilson died on or about the twenty-first day of February, A. D. 1859, having duly made and published his last will and testament, bearing date the thirteenth day of September, A. D. 1858, which, after his death, was duly proved and allowed and remains of record in the office of the Register of Wills in and for the said county of New Castle, in and by which he did devise the said lands (among others) to his wife, Sarah A. S. Wilson, Hanson Robinson, and Joseph A. Hunter, upon certain trusts in said will fully set forth, and did further authorize

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