CHAPTER 32

FORMERLY

HOUSE BILL NO. 172

AN ACT AUTHORIZING AND APPROVING THE SALE OF REAL PROPERTY SITUATED IN WYOMING, DELAWARE BY THE DELWARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA.

WHEREAS, certain real property, more particularly hereinafter described, was devised to the Delaware Home and Hospital for the Chronically ill at Smyrna, Delaware by the Will of Viola E. Warnick of Wyoming, Delaware; and

WHEREAS, the Will of Viola E. Warnick, dated June 9, 1957 and of record in the Office of the Register of Wills in and for Kent County, Delaware in Will Record N, Volume 3, Page 3, provides in part as follows:

"I leave to the Welfare Home my real estate in memory of my sister, Mrs. Lundgreen, to be used for refreshments for the dear folks."; and

WHEREAS, the Delaware Home and Hospital for the Chronically ill at Smyrna, Delaware is more commonly referred to as the State or Smyrna Welfare Home; and

WHEREAS, in order to comply with the terms of the Will of Viola E. Warnick, it would be necessary either to render the property to a condition wherein it would be income-producing or to sell the property to obtain a revenue source; and

WHEREAS, because the current estimates for the repair of the said property would be prohibitive in relationship to the income potential of the property, the most desirable alternative would be to sell the property and use the proceeds in accordance with the terms of the Will of Viola E. Warnick; and

WHEREAS, the Delaware Home and Hospital for the Chronically Ill at Smyrna, desires to sell and convey the said property but requires statutory authority and the approval of the Legislature to sell and convey the same.

NOW, THEREFORE,

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

Section 1. The sale, transfer and conveyance of the following described real property by the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware is hereby specifically approved:

ALL that certain lot, piece and parcel of land with the improvements thereon erected, situated in the Town of Wyoming, North Murderkill Hundred, Kent County, and State of Delaware, and lying on West side of West Railroad Avenue formerly Wyoming Avenue, adjoining lands now or formerly of Elwood F. Marker and wife on north, lands now or formerly of the Aldrich heirs on south, lands now or formerly of Harvey McGinnis and wife on West and lands of others.

AND BEING the same lands and premises conveyed unto Viola E. Warnick by deed of May T. Lundgreen, widow, dated June 8, 1951 and of record in the Office for the Recording of Deeds in and for Kent County, Delaware in Deed Record H. Volume 19, Page 249.

AND the said Viola E. Warnick did depart this life on or about the 11th day of October, 1958, having first made her Last Will and Testament which is of record in the Office of the Register of Wills in and for Kent County, Delaware in Will Record N, Volume 3, Page 3, wherein and whereby she did devise said lands and premises to the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware (referred to in said Will as the Welfare Home).

Section 2. The Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware is hereby authorized and empowered to sell and convey said real property, and its Director is authorized to execute a good and sufficient deed to the purchaser of said real property conveying to the said purchaser all the right, title and interest of the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware and The State of Delaware in and to said real property.

Section 3. After the sale of the said real property and the payment of all costs and expenses properly chargeable against the same, including reimbursement to the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware of any and all expenses incurred by said institution in connection with said sale, the net proceeds realized are to be deposited in a bank account to be entitled "The Lundgreen Memorial Fund" and are to be used solely for the purchase of refreshments for the patients at the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware. The Director of the Delaware Home and Hospital for the Chronically Ill at Smyrna, Delaware, is hereby authorized to make withdrawals from said account for the purpose herein stated at such times and in such amounts as he deems appropriate.

Approved April 26,1973.