§ 2708 — Return of sale; deed

Delaware § 2708

• Jurisdiction: Delaware
• Title: 12
• Part: Administration of Decedents’ Estates
• Ch. 27: SALE OF LANDS BY EXECUTORS AND ADMINISTRATORS

Text

(a) An executor or administrator shall return the proceedings to any adjourned or regular term of the Court of Chancery after the making or renewing of an order of sale; and if the return is approved, the executor or administrator shall make a deed to the purchaser for the premises sold.

(b) If an order is made to several executors or administrators, upon the death of any, it shall survive.

(c) A successor administrator may return a sale made by a former executor or administrator and make a deed to the purchaser, if the Court of Chancery approves the sale and orders the successor to make a deed. The successor may, under order of the Court, make a deed pursuant to a sale returned by such former executor or administrator and duly approved.

(d) A deed may also be made, by order of the Court of Chancery, to the heirs or to the assigns of a deceased purchaser.

(e) The Court of Chancery shall not order a deed to be made in any case, unless the purchase money is first paid.

Legislative History

Code 1915, § 3425; Code 1935, § 3885; 12 Del. C. 1953, § 2713; 57 Del. Laws, c. 402, § 3 ; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1