AN ACT TO PROVIDE FOR MAKING TITLE TO REAL ESTATE IN WHICH INSANE PERSONS HAVE AN INTEREST.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That any married woman, seized of any real estate in her own right, whose husband shall be insane and she desiring to sell, convey or to mortgage any such real estate, or any part thereof, may prefer her petition to the Chancellor, stating the facts, and the Chancellor may, if he shall consider it a proper case, make an order, either in term or at Chambers, appointing a trustee for such insane married man to join in any deed or mortgage in his behalf with his wife, to sign, seal and acknowledge the same as such trustee in the same manner as deeds and mortgages are now by law acknowledged.
Section 2. Any deed or mortgage executed and acknowledged by a trustee for a married man insane as aforesaid, appointed pursuant to the provisions of the preceding section, shall be as valid and effectual to bar and divest his estate as tenant by the courtesy in case he survives his wife, as if he had been legally capable, and had in fact executed and acknowledged such deed or mortgage ; and any such deed or mortgage, or the record thereof, shall be competent evidence in all courts of this State.
Section 3. That all acts or parts of acts inconsistent with this act be and the same are hereby repealed.
Approved April 7, A. D. 1903.