OF EXECUTORS, ADAHNISTRATORS AND TRUSTEES.
AN ACT for the relief of Executors, Administrators and Trustees.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. If an executor, administrator or trustee cannot pay over a legacy, residue of intestate personal estate, distributive share, or trust fund in his hands, because the person entitled to the same, or any part thereof, is absent from the State, unknown or incompetent to receive the same or because the shares of the persons entitled to the same are unknown, such executor, administrator or trustee may prefer to the Chancellor a petition setting forth the premises and praying relief, and thereupon, the Chancellor upon being satisfied that it is a proper case for relief, shall order the petitioner to pay into the court of chancery the amount in his hands as aforesaid, with the interest which may have accrued thereon, less such costs, expenses and counsel fees as may be allowed by the Chancellor; and upon compliance with such order the petitioner and his sureties shall be discharged from all further liability in respect to the .money so paid.
SECTION 2. Any money paid into court as aforesaid may, by order of the Chancellor, be deposited in the name of the court, in the Farmers' Bank of this State, or in any savings bank in this State, or invested in the name of the State in the funded debt of this State or of the United States, or upon bond or mortgage or both for the benefit of the parties entitled to the same.. The costs of such investment shall be payable out of the fund.
SECTION 3. The Chancellor shall have power to direct such proceedings, issue such writs, and make such orders as he may deem expedient for ascertaining the, parties entitled to the money Paid into court as aforesaid, and for the payment and distribution of the same ; and for this purpose he may cause, notice to parties interested, residing out of this State or whose residences are unknown, to be given by publication or otherwise as he may direct and may appoint an auditor to investigate and report to him as to any matter necessary to be determined in the premises. Any proceeding, writ, or order authorized by this act may be taken, directed, issued, returned or made as well in vacation at chambers as at term time.
SECTION 4. ". Any payment or distribution of money paid into court as aforesaid made by order of the Chancellor under the provision of this act, shall be final and conclusive as to the right of the parties interested therein.
Passed at Dover, March 23, 1881.