Delaware General Assembly


CHAPTER 51

PROVIDING METHOD OF CONVEYANCE OF CERTAIN ESCHEATED REAL PROPERTY TO AUTHORIZED CORPORATIONS

AN ACT TO AMEND TITLE 12, DELAWARE CODE OF 1953, ENTITLED "DECEDENTS' ESTATES, ETC." BY PROVIDING A METHOD FOR THE CONVEYANCE OF CERTAIN ESCHEATED REAL PROPERTY TO QUALIFIED AND AUTHORIZED CORPORATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 1101, Title 12, Delaware Code of 1953, is amended by striking out all of said section and substituting the following:

§ 1101. Escheat of estates; conveyance of certain escheated real property by the Secretary of State

(a) If any person, being at the time of his death seized or possessed of any real or personal estate within this State, dies intestate, without heirs or any known kindred who can inherit and hold the intestate's estate, such estate is escheat to the State, subject to all legal demands on the same.

(b) The Secretary of State shall convey to a properly organized corporation of this State whatever title the State may have in any real property which was formerly held by or for a religious body and which has or may have escheated provided that: (1) he is satisfied that the grantee corporation is the proper successor to the body previously holding equitable or legal title to the property; (2) a certified copy of the recorded certificate of incorporation of the grantee corporation is provided; (3) prior notice of any such proposed conveyance is given by registered mail to the record title holders where known; and (4) notice of such proposed conveyance is published in a newspaper of general circulation in the county where the property is situated each week for three weeks prior to the execution of the conveyance. All expenses of such conveyances and notices shall be paid by the grantee corporation.

Approved May 7, 1953.