Delaware General Assembly


CHAPTER 270

AN ACT TO AMEND CHAPTER 27, TITLE 12 OF THE DELAWARE CODE, RELATING TO SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS BY PROVIDING A PROCEDURE WHERE THE REAL ESTATE IS IN MORE THAN ONE COUNTY.

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

Section 1. Chapter 27, Title 12 of the Delaware Code is amended by adding to § 2701 a new subsection to be designated subsection (c), as follows:

(c) Where the decedent has real estate in more than one of the counties of this State the petition may be presented to the Orphans' Court of any of the counties wherein such real estate is located. The Court may, in such action, make an order in relation to any real estate of the decedent located within the State of Delaware. The Court shall order the part of the proceedings which relates to real estate in a county other than that where the petition is presented, to be certified and recorded in the Orphans' Court in that county; and the record shall have all the effect of an original record. The sale of any such real estate shall be conducted only in the county wherein such real estate is located.

Approved May 24, 1960.