CHAPTER 203

CONVEYANCES - VALIDATING AS DEEDS CERTAIN INSTRUMENTS INTENDED TO BE CONVEYANCES OF REAL PROPERTY

AN ACT TO AMEND CHAPTER 92 OF THE REVISED CODE VALIDATING AS DEEDS CERTAIN INSTRUMENTS INTENDED TO BE CONVEYANCES OF REAL PROPERTY OF DELAWARE, 1935, ENTITLED, "CONVEYANCES", BY VALIDATING AS DEEDS CERTAIN INSTRUMENTS TO BE CONVEYANCES OF REAL PROPERTY CONVEYANCES

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

Section 1. That Chapter 92 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing 3676. Sec. 19., thereof and substituting and enacting in lieu thereof a new Section to be known as 3676. Sec. 19. thereof as follows:

3676. Sec. 19. Certain Instruments Validated as Deeds; When; Proviso:--An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which, prior to the first day of January A. D. 1947, was signed by the person or persons who at the time were the owners of the lands, tenements or hereditaments mentioned therein and which was also acknowledged by such owner or owners before an officer authorized by the Laws of Delaware to take acknowledgements, as the act and deed of such person or persons, shall be deemed and held to alienate or convey the title, estate and interest, both at law and inequity, of the owner or owners signing and acknowledging such instrument as aforesaid, according to the true intent and meaning of such instrument, notwithstanding that the said instrument is not under the seal or seals of the said owner or owners and notwithstanding that the said instrument does not contain the words commonly known as the "use clause" and/or the word "grant" and/or the words "bargain and sell"; provided, that no right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy shall have signed and acknowledged the instrument aforesaid; and provided further, that nothing in this Section contained shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument aforesaid had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this Section had not been passed.

Approved April 7, 1947.