CHAPTER 170 - WILMINGTON CONFIRMATION OF TITLE TO BRINGHURST LOTS
AN ACT CONFIRMING THE SALE AND TRANSFER OF TWO CERTAIN PIECES AND PARCELS OF REAL ESTATE IN BRANDYWINE HUNDRED BY "THE MAYOR AND COUNCIL OF WILMINGTON", ONE TO EDWARD BRINGHURST, V, AND THE OTHER TO EDWARD BRINGHURST, V, AND MARY T. BRINGHURST.
WHEREAS, by Indenture of Lease dated June 25, 1931, Edward Bringhurst, V and Mary T. Bringhurst did lease to "The Mayor and Council of Wilmington" two certain parcels of land in Brandywine Hundred containing in all 40.39 acres of land for the term of the natural life of the survivor of them, the said Edward Bringhurst, V and Mary T. Bringhurst, under the terms and conditions therein fully set forth for the purpose of creating a park for the use, benefit and pleasure of the citizens of Wilmington, which said lease is recorded in the Office for the Recording of Deeds in and for New Castle County in Deed Record V, Volume 37, Page 375;
AND WHEREAS, subsequent to the execution of said lease on said June 25, 1931, the said Edward Bringhurst, V and Mary T. Bringhurst by their indenture for a nominal consideration granted and conveyed the said same two parcels of land in Brandywine Hundred .to John Biggs, Jr., Trustee (In Trust inter alia, upon the death of the survivor of them to convey the same to "The Mayor and Council of Wilmington" in fee simple for the purpose of creating a park upon said lands for the use and benefit of the citizens of the City of Wilmington, as will more fully appear in said Indenture recorded in the Recorder's Office for the Recording of Deeds, etc., aforesaid in Deed Record V, Volume 37, page 19;
AND WHEREAS, parcel No. 1 as described in said lease and Deed of Trust conveyed a one hundred foot strip of land lying between Shipley Road and Talley Road to be used as a right-of-way for the proposed Washington Street Extension;
AND WHEREAS, prior to entry thereon by the City and prior to road construction the plans and the alignment of said roadway were modified as a result of which additional land of said Edward Bringhurst, V and Mary T. Bringhurst was required and as a further result of which the two parcels of land hereinafter described, being parts of Parcel No. 1 above referred to, were of no practical use to the City;
AND WHEREAS, the two parcels of land hereinafter described have at no time been dedicated to public use and no public use has at any time been made thereof;
AND WHEREAS, on November 6, 1939, the Board of Park Commissioners recommended to "The Mayor and Council of Wilmington" that the said parcels of real estate hereinafter mentioned be reconveyed, one to Edward Bringhurst, V and the other to Edward Bringhurst, V and Mary T. Bringhurst, they being the prior owners thereof;
AND WHEREAS, on the 16th day of November, A. D. 1939, the recommendation to the said Board of Park Commissioners that said transfer be made was approved by the Council (more than two-thirds of said body concurring in such action) and the Mayor for and in behalf of "The Mayor and Council of Wilmington" was authorized to execute deeds in proper form for said parcels;
AND WHEREAS, on the 17th day of November, A. D. 1939, said John Biggs, Jr., Trustee, and "The Mayor and Council of Wilmington" granted and conveyed to the said Edward Bringhurst, V all that certain piece or parcel of land therein fully described by metes and bounds containing 0.9 acres of land, more or less, as will appear in said deed recorded in the Office for the Recording of Deeds in and for New Castle County aforesaid in Deed Record 0, Volume 41, page 393;
AND WHEREAS, on the 17th day of November, A. D. 1939, the said John Biggs, Jr., Trustee, and "The Mayor and Council of Wilmington" did grant and convey unto Edward Bringhurst, V and Mary T. Bringhurst a certain piece or parcel of land containing 0.4 acres of land as said land is fully described by metes and bounds in said deed appearing of record in the Recorder's Office aforesaid, in Deed Record 0, Volume 41, page 391;
AND WHEREAS, the said Edward Bringhurst, V departed this life on or about December 8, 1939, having first made and published his Last Will and Testament which is recorded in the Office of the Register of Wills in and for New Castle County, in Will Record M, Vol. 6, page 369, under the terms of which all of his interest in the said tract containing 0.9 acres of land above referred to did descend unto Mary T. Bringhurst;
AND WHEREAS, doubts have arisen as to the legality of said sales and of the title to said lands thereby conveyed and it being deemed necessary to have an act of the General Assembly confirming the same;
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring therein):
That the said acts of said "The Mayor and Council of Wilmington" and the execution and delivery of the two above mentioned deeds by John Biggs, Jr., Trustee and said "The Mayor and Council of Wilmington", conveying the parcels of land therein set forth to the grantees therein in fee simple be and the same are hereby confirmed and the sale of the real estate aforesaid shall be deemed and taken to be as valid to all intents and purposes as if the General Assembly had prior to such sales and conveyances specifically authorized the same and empowered the said John Biggs, Jr., Trustee and the said "The Mayor and Council of Wilmington" to execute and deliver such deeds conveying the said real estate to the grantees therein in fee simple.
John Biggs, Jr., Trustee under the Deed of Edward Bringhurst, V and Mary T. Bringhurst, dated June 25, 1931, and "The Mayor and Council of Wilmington" are authorized and directed to execute and deliver good and sufficient deed or deeds conveying unto Mary T. Bringhurst title to the said two last mentioned parcels of land.
This Act shall be deemed and taken to be a public Act.
Approved April 18, 1945.