CHAPTER XC.
AN ACT in relation to Trustees.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows viz:
SECTION 1. When any person now or hereafter seized of lands, tenements, or hereditaments, upon any trust shall be out of the jurisdiction not amenable to the process of the Court of Chancery, or shall be insane, or it shall be, uncertain where there were several trustees, which of them was the survivor, or it shall be uncertain whether the trustee last known to have been seized as aforesaid be, living or dead, or, if known to be dead, it shall, not be known, who are his heirs at law, or if any trustee seized as aforesaid or the heirs at law of any such trustee shall neglect or refuse to convey such lands, tenements or hereditaments to the person entitled to receive such conveyance, for twenty days next after a proper deed for making such conveyance shall have been tendered for his or their execution, by the person so entitled or his agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situated, shall have power to appoint, a person to convey the same to such person, and in such manner as the Court shall direct; and any conveyance so made shall be as effectual, to all intents and purposes, as if the same had been executed by the trustee or the is heirs at law.
SEC. 2. When any person possessed of lands, tenements or hereditaments for a term of years upon trust, shall be out of the jurisdiction or not amenable to the process of the Court of Chancery, or it shall be uncertain whether the trustee last known to have possessed as aforesaid shall be living or dead, or if any trustee as aforesaid, or the executor of any such any such trustee, shall neglect or refuse to assign such term as aforesaid, to the person entitled to receive such assignment, for twenty days next after a proper legal instrument for making such assignment shalt have been tendered for his execution by the person So entitled, or his agent or attorney, the Court of Chancery for the county wherein such lands, tenements or hereditaments are situate, shall have power to appoint a person to make such assignment, to such person and in such manner as the Court shall direct, and any assignment so made shall be as effectual to all intents and purposes, as if the same had been made by the said trustee or his executor.
SEC. 3. When any person in whose name as trustee or executor, (either alone or together with the name of any other person,) or in the name of whose testator, (whether as trustee or beneficially) any stock shall be standing, or any other person who shall otherwise have power to transfer, or join with any person in transferring any stock to which some other person shall be out of the jurisdiction or not amenable to the process of the Court of Chancery, or it shall be uncertain whether such person be living or dead, or if any such trustee or executor, or other person shall neglect or refuse to transfer such stock, or receive and pay over the dividends, thereof, to the person entitled to such stock or dividends, for twenty days next after request in writing by such person so entitled, the Court of Chancery shall have power to appoint a person to transfer such stock, or to receive and pay over such dividends to the person entitled to the same as aforesaid; and such transfer, receipt or payment shall be as effectual to all intents and purposes as if made by such trustee, executor or other person.
SEC. 4. The Court of Chancery shall make any appointment or direction under this act by an order made in any case depending in said Court, or upon petition of the, person entitled to such conveyance, assignment, transfer or payment as aforesaid: Provided; That when the title of the person claiming, such conveyance, assignment, transfer or payment may require investigation, or it many otherwise appear improper to make an order for the same on petition, the Court may direct a Bill in Equity to be filed to establish the right.
SEC. 5. When any person who, having been discharged or removed from any trust aforementioned, by an order or decree of the Court of Chancery, shall neglect or refuse as aforesaid to convey, assign or transfer the subject of such trust to the person who shall have been appointed by such Court, to be the trustee in lieu of the person so discharged or removed, the said Court may upon petition of the person appointed, order a conveyance, assignment or transfer of the subject matter of such trust to be made by a person by such order appointed for that purpose; and any conveyance, assignment or transfer so made shall be as effectual, to all intents and purposes, as if the same were made by the trustee so discharged, or his heirs or executors.
Passed at Dover, March 1, 1853