CHAPTER 32
TITLE TO CEMETERY IN WILMINGTON
AN ACT TO AUTHORIZE THE "CATHEDRAL CEMETERY COMPANY OF WILMINGTON, DELAWARE", TO CONVEY CERTAIN OF ITS REAL ESTATE FREE AND DISCHARGED OF TRUSTS.
WHEREAS, Rebecca Gibbons and others, as described and set forth in a certain Indenture bearing date the 1st day of May, A. D. 1852, and recorded in the Office for the Recording of Deeds &c., in and for New Castle County, and State of Delaware, at Wilmington, in Deed Record K, Volume 6, page 508 &c., did by their said Indenture convey to the Right Reverend John N. Newmann, Roman Catholic Bishop of Philadelphia, certain real estate in the City of Wilmington, New Castle County, and State of Delaware, bounded in part by Twelfth, Jefferson and Madison Streets, and more particularly described in said Indenture, under and subject to such uses and trusts as are set forth in said Indenture; and
WHEREAS, George Jack and Georgiana Jack, his wife, by Indenture bearing date the 15th day of October, A. D. 1870, and recorded in the Office for the Recording of Deeds &c., in and for New Castle County, and State of Delaware, at Wilmington, in Deed Record E, Volume 9, Page 376 &c., did convey to the Right Reverend Thomas A. Becker, D. D., Bishop of Wilmington, other real estate now in the City of Wilmington, New Castle County, and State of Delaware, and adjacent to the lands described in the aforementioned Indenture of Rebecca Gibbons and others, and more particularly described in the said Indenture of said George Jack and Georgiana Jack, his wife, under and subject to the uses and trusts as set forth in said Indenture; and
WHEREAS, all right, title and interest to the real estate described in the aforementioned Indentures have, by mesne conveyances, been vested in "Cathedral Cemetery Company of Wilmington, Delaware"; a corporation organized and existing pursuant to an Act of the General Assembly, passed at Dover, March 10, 1881, the said Act being of record hi the Office of the Secretary of State of the State of Delaware; and
WHEREAS, the said cemetery at Twelfth and Madison Streets in Wilmington has long been neglected and no bodies have been buried therein for many years last passed, and no funds are presently available to keep and maintain the said cemetery property; and
WHEREAS, the said "Cathedral Cemetery Company of Wilmington, Delaware", desires to convey the said cemetery property since said cemetery property is relatively small and cannot be enlarged by the acquisition of property located adjacent to it, and to use the proceeds resulting from the conveyance for the general purposes and objects of the "Cathedral Cemetery Company of Wilmington, Delaware"; and
WHEREAS, it is the intent and purpose of said "Cathedral Cemetery Company of Wilmington, Delaware", with the consent and approval, express or implied, of the relatives of the deceased persons buried in said cemetery property to carefully disinter the bodies of the deceased persons buried in said cemetery property and reinter said bodies in other and well cared for cemetery properties of "Cathedral Cemetery Company of Wilmington, Delaware", Lancaster Avenue at North Woodlawn, NOW, THEREFORE,
Be it enacted by the General Assembly of the State of Delaware:
"Cathedral Cemetery Company of Wilmington, Delaware", a corporation of the State of Delaware, be and it is hereby authorized and empowered to sell, transfer and convey either at public or private sale, on such terms as it may deem expedient, and free and clear from any and all uses and trusts as may be recited in the aforementioned Indentures of Rebecca Gibbons and others, and George Jack and Georgians Jack, his wife, and from any and all other uses or trusts which may have attached to the real estate described in said Indentures, and to convey the said real estate in fee simple to the purchaser or purchasers, by good and sufficient deed or deeds, free from any and all uses and trusts, and without liability on the part of the purchaser or purchasers for the application, non-application or misapplication of the purchase money; provided that the net proceeds arising from the sale or sales of the real estate above described and less any and all costs necessary to the disinterment and reinterment of the bodies in said cemetery property shall be held by "Cathedral Cemetery Company of Wilmington, Delaware" and used in the carrying out of its corporate functions and purposes.
Approved April 9, 1953.