CHAPTER 298

RELATING TO ESCHEATED PROPERTY

AN ACT AUTHORIZING AND DIRECTING THE SECRETARY OF STATE OF THE STATE OF DELAWARE TO CONVEY ANY INTEREST IN CERTAIN REAL PROPERTY IN BALTIMORE HUNDRED, SUSSEX COUNTY, DELAWARE, WHICH MAY HAVE ESCHEATED OR BE SUBJECT TO ESCHEAT TO THE STATE OF DELAWARE.

WHEREAS, prior to March 8, 1938, Mary Hall Farmer, deceased, was seised in fee simple of the following described real property, with improvements, in Baltimore Hundred, Sussex County, Delaware, being portions of Block No. 7, and having the Lot numbers stated, on the map of the Bethany Beach Improvement Company's plot of Bethany Beach, Delaware:

(1) Lot No. 7, being shore front property, extending 40' along ocean and 130' back from ocean towards Atlantic Avenue ;

(2) Lot No. 8, fronting on Atlantic Avenue, extending 40' along Atlantic Avenue and 130' towards ocean to Lot No. 7 ;

(3) Lot No. 10, fronting on Atlantic Avenue, extending 40' along Atlantic Avenue contiguous to Lot No. 8 and 130' towards ocean ; and

(1) Lot No. 12, fronting on Atlantic Avenue, and a street at a right angle thereto, extending 50' along Atlantic Avenue contiguous to Lot No. 10 and 130' towards ocean.

WHEREAS, said Mary Hall Farmer died March 8, 1938, leaving her surviving no lawful issue, heirs, or other kindred ; and

WHEREAS, in her will said Mary Hall Farmer devised the real property referred to above to her husband, Henry F. Farmer, who had died January 10, 1938, and thus had predeceased her; wheretofore said devise of said real property did lapse ; and

WHEREAS, said Henry F. Farmer left surviving lawful issue by a former marriage, viz., three children, Bessie Farmer, Albert R. Farmer, and Eleanor F. Worley, which said lawful issue for more than thirty years had been treated by said Mary Hall Farmer as though they were her own lawful issue ; and

WHEREAS, said Albert R. Farmer died on July 12, 1948, and devised his real property to his wife, Caroline Farmer, who is now entitled to any interest in real property belonging to said Albert R. Farmer; and

WHEREAS, if said lawful issue of Henry F. Farmer had also been lawful issue of Mary Hall Farmer the said real property would have descended to them under the provisions of the applicable Delaware Statute ; and

WHEREAS, said lawful issue of said Henry F. Farmer have continued to pay all taxes and assessments upon said real property, and have continued to occupy and enjoy the same without interference ; and

WHEREAS, said real property is possibly subject to escheat to the State of Delaware (although no steps have been taken by the State of Delaware to obtain title under the escheat statute) and the possible technical right of the State of Delaware to obtain such title under the escheat statute is a cloud upon the title of said real property; NOW, THEREFORE,

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

Section 1. The Secretary of State of the State of Delaware be and he hereby is authorized, empowered, and directed, to execute and deliver to Bessie Farmer, Caroline Farmer, and Eleanor F. Worley, and to their heirs, as interest may appear, complete and proper deed or deeds conveying the real property described herein by the same, better, or other, descriptions, unto them, their heirs and assigns, any and all right, title, and interest, therein and thereto which may have escheated or be subject to escheat to the State of Delaware.

Approved June 15, 1955