Delaware General Assembly

AN ACT TO AUTHORIZE, EMPOWER AND DIRECT THE GOVERNOR TO SELL CERTAIN REAL ESTATE IN DELAWARE CITY, DELAWARE, OWNED BY THE STATE FOR THE USE OF GOVERNOR BACON HEALTH CENTER AND TO AUTHORIZE AND EMPOWER HIM TO EXECUTE AND DELIVER A DEED THEREFOR.

WHEREAS, Alice T. Foard departed this life on or about July 15, 1955, and by her will devised certain real estate in Delaware City, Delaware, in trust for the benefit of her sister Leonora ^-F. Keeney, and upon the death of her said sister the said property, by the terms of the will was devised "in equal shares, unto the Bacon Health Center of Delaware City, and Christ Church of Delaware, absolutely, and this trust shall thereupon cease and determine", the said will being dated May 17, 1947, and now of record in the Office of the Register of Wills in and for New Castle County in Will Record Q, Volume 8, Page 373 & c.; and

WHEREAS, the beneficiary, Leonora F. Keeney, departed this life on or about December 21, 1961; and

WHEREAS, a question arose, in connection with the title to the said real estate as to the meaning of the words in the will "Bacon Health Center of Delaware City" and whether the devise was valid in light of the provisions of 16 Delaware Code, Section 5310; and

WHEREAS, the Attorney General and the Board of Trustees of the Delaware State Hospital at Farnhurst petitioned the Court of Chancery of the State of Delaware in and for New Castle County for instructions as to the meaning of the said devise, the case being docketed in Civil Action No. 1821; and

WHEREAS, the Court of Chancery, by its Order dated May 19, 1965, instructed the petitioners that the devise was to "The State of Delaware for the Use of the Governor Bacon Health Center" and that the State had the power to sell and convey its interest in the said real estate free of any trust; and

WHEREAS, George A. Keeney has offered to buy the said real estate for $5,500.00, of which the State is to receive one-half thereof for its undivided interest, and the other co-owner has agreed to sell its undivided one-half interest on this basis, the said real estate having been appraised at the value of between $5,250.00 and $5,400.00 by a licensed real estate broker of Wilmington, Delaware, Paul Wiley, who was employed by the State to make the appraisal, the sale price being in excess of the appraised value; and

WHEREAS, the said real estate in Delaware City is more particularly bounded and described in a deed from The Delaware City National Bank to Alice T. Foard, dated November 4, 1941, and now of record in the Office of the Recorder of Deeds in and for New Castle County in Deed Record W, Volume 42, Page 245 & c.; and

WHEREAS, it is advantageous for the State to carry out the proposed sale of the said real estate, and there is no State

Officer authorized and empowered to make the sale and execute and deliver a deed of conveyance to the purchaser;

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

Section 1. The Governor is authorized, empowered and directed to sell the undivided one-half interest in real estate situate in Delaware City, New Castle County, State of Delaware, more particularly bounded and described in a deed from The Delaware City National Bank to Alice T. Foard, dated November 4, 1941, and now of record in the Office of the Recorder of Deeds in and for New Castle County in Deed Record W, Volume 42, Page 245 & c., owned by The State of Delaware for the Use of Governor Bacon Health Center, to George A. Keeney, based upon a total sale price of $5,500.00, of which the State is to receive one-half, and the Governor is further authorized and empowered to execute a deed of conveyance, sealed with the Great Seal of the State of Delaware, and to deliver the deed to the said purchaser, conveying the said undivided one-half interest in the said real estate to the said purchaser, including all the estate, rights title and interest of The State of Delaware for the Use of Governor Bacon Health Center in and to the said parcel of real estate, free and discharged of any trust and without liability on the part of the purchaser or grantee as to the application of the undivided interest of the State of Delaware in the purchase money.