CHAPTER 211.
SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS.
AN ACT to Amend Chapter 99 of the Revised Code of the State of Delaware, in reference to the Sale of Lands by Executors and Administrators.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 99 of the Revised Code of the State of Delaware be, and the same is, hereby amended by repealing all of 3435. Sec. 19 thereof, and inserting in lieu thereof a new section to be styled "3435 Sec. 19," as follows:
3435. Sec. 19. POWER OF SALE IN WILL; BY WHOM MAY BE EXECUTED: If, by any will, authority be given to several executors, or other persons, to sell real estate, if one or more of them die before the complete execution of said authority, such authority shall survive. If, by any will, real estate be devised to be sold, and no person be authorized to make said sale, the person, or persons, having the execution of the said will, or the survivors, or survivor, of them, if several, shall have authority to sell said real estate in execution of said devise. If, by any will, real estate be devised to a person or persons for life and after the death of such life tenant or life tenants to be sold, and no person in authorized to make said sale, the person or persons who shall have the execution of said will at the period when such sale is directed to be made, or the survivor or survivors of them, if several, shall have authority to sell said real estate in execution of said devise. If by any wilt authority be given to an executor to sell real estate, and the person so named as executor therein shall die, or be removed, or discharged from his office of executor before the execution of said authority, or shall refuse or neglect to give bond, or renounce, or is incapable, the person or persons having the execution of the said will, or the survivor or survivors of them, if several, shall have authority to sell said real estate in execution of said devise. Whenever real estate is sold and conveyed in any such case as mentioned and provided for in this section, the purchaser or purchasers thereof shall take the same free and discharged from any liability as to the application, misapplication or non-application of the purchase money or any part thereof; provided, that nothing in this section shall contravene any express direction contained in any will.
Approved March 20, A. D. 1919.