JOINT ESTATES AND PARTITION
AN ACT to amend Chapter 95 of the Revised Code of the State of Delaware relating to joint estates and partition, by providing for partition in cases where there is a reversionary or contingent interest.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Article 2 of Chapter 95 of the Revised Code of the State of Delaware be and the same is hereby amended by repealing new Section 3272, Sec. 3 as appears in Volume 34 of the Laws of Delaware, and inserting in lieu thereof a new Section to be known as 8272, Sec. 3, as follows:
"WHO MAY APPLY FOR; PETITION; CONTENTS OF; WHERE FILED; SUMMONS IN PARTITION; TO WHOM DIRECTED; WHEN RETURNABLE; MANDATE OF: When any two or more persons hold lands and tenements within this State as joint tenants or tenants in common, or as parceners under the Intestate Laws of this State, or when any person or persons hold an interest either in possession or in remainder in lands and tenements within this State, as a member of a class which class may be enlarged by the happening of a future contingency, any one or more of them, being of lawful age, or the guardian of any being under age, may prefer a petition to the Orphan' Court of the County wherein the said lands and tenements are situate, or if such .real estate is situate in several counties, then to the Orphans' Court of either County wherein any of the said real estate is situate, stating the facts, describing the lands and tenements so held, and praying partition thereof among the several parties entitled to the same according to their several and respective interests; and thereupon the said Orphans' Court, or any Judge thereof in vacation, shall order a summons in partition to be issued, directed to the person or persons interested, who may not have joined in such petitions, returnable on someday, which shall not be less than twenty days after the date of such order, requiring such person or persons to appear before the said Orphans' Court and show cause, if any they have, why partition of the premises should not be made, according to the prayer of the petition. Such partition may be had notwithstanding the share held by any parcener, joint tenant or tenant in common may be for a less estate than a fee, or may be limited over after an estate for life, or any estate therein ; and such partition, if made, shall bind all tenants of such share in remainder, reversion or expectancy who shall be entitled only to that part of the lands partitioned which may be set off in severalty to the share upon which such remainder or expectancy is limited ; and, if no partition be made but a sale of the lands be had and confirmed, the rights of all parties in interest, whether in possession, remainder, reversion or expectancy, shall cease and terminate as to the land and be transferred to the proceeds of the sale thereof; provided, that in all cases where such remainder, reversion or expectancy is limited over to any person in being, such person shall be served with like summons and in the same manner as is provided by law with respect to service of summons generally in partition causes".
Section 2. That Article 2 of Chapter 95 of the Revised Code of the State of Delaware be and the same is hereby amended by repealing new Section 3282 Sec. 13 as appears in Volume 34 of the Laws of Delaware, and inserting in lieu thereof a new Section to be known as 3282 Sec. 13 as follows:
"TITLE UPON SALE; LIENS UPON THE ESTATE OR PARTIES; TRANSFER TO PROCEEDS:-A purchase of the premises pursuant to the foregoing provisions shall pass to the purchaser of the same all the estate and interest of the joint tenants, tenants in common or parceners or persons whether in esse or not in esse having an interest in remainder, reversion or expectancy, whether such interest be vested or contingent, free and discharged of and from all liens' and encumbrances except such as may be paramount to the title of the said joint tenants, tenants in common or parceners or person of a class having an interest either in possession or in remainder, which class may be enlarged by the happenings of a future contingency, and all liens and encumbrances on the estate or interest of any joint tenants, tenant in common or parcener or person of such class aforesaid, shall be without change of priority, transferred to the interest or share of said joint tenant, tenant in common or parcener or person of such class aforesaid, in the said proceeds of sale."
Section 3. That Article 2 of Chapter 95 of the Revised Code of the State of Delaware, be and the same is hereby amended by repealing 3283, Sec. 14 and inserting in lieu thereof a new section to be known as 3283, Sec. 14 as follows : PROCEEDS OF SALE; DISPOSAL OF :The proceeds of said sale, after deducting the costs of the proceedings, shall be invested by the Court in whole or in part for the benefit of the various parties and interests as their rights shall appear, or divided among the parties entitled according to their several interests and the rules of law and equity."
Approved May 4, A. D. 1927.