CHAPTER 122.
OF THE COURT OF CHANCERY.
AN ACT concerning the Jurisdiction of the Court of Chancery, in relation to the Donees of Powers under a Trust.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. When any person or persons, or any of such persons, as may be the donee or donees of any power or powers under any trust, shall be out of the jurisdiction of or not amenable to the process of the Court of Chancery, or shall be insane, or it shall be uncertain whether such person or persons, or any of such persons, be living or dead, the Court of Chancery shall when in its discretion it may deem the objects and purposes of any such trust are in danger of not being performed or effectuated, have power to appoint a person or persons to execute the power or powers under any such trust, and such execution shall be made, by such person or persons so appointed, in the same manner and by the same method as shall be pointed out by the trust, whereby such power or powers were created. And such execution of any such power or powers, by any person or persons so appointed as aforesaid, shall be as effectual, to all intents and purposes, and with the same force and effect as if the same had been executed by such donee or donees as aforesaid. Provided, that the Court of Chancery shall be satisfied that the beneficial interests of the donees, or other beneficiaries under such trust, be not by such action impaired.
SECTION 2. The Court of Chancery may make any appointment or direction under this act, by an order made in any cause depending in said curt, or upon petition of one or more of those interested in said trust, or by the remaining or surviving donee or domes of any Itch power or powers. Provided, that the Court of Chancery shall have power, upon presentation of any such petition, to take such testimony as it shall deem necessary to satisfy the court that the granting of such petition will not impair the beneficial interest of any of the donees and other beneficiaries under such trust ; which testimony may be taken orally, at the bar of the court, or by depositions.
Approved May 19, A. D. 1898.