§ 2103 — Effect of mortgage executed by trustee for mentally ill spouse

Any mortgage executed and acknowledged by a trustee for a mentally ill married man or woman, appointed pursuant to the provisions of § 104 or § 105 of this title, shall be as valid and effectual to bar and divest the mentally ill spouse’s estate as tenant by the curtesy or dower interest in case the mentally ill person survives such mentally ill person’s spouse, as if such mentally ill spouse had been legally capable, and had in fact executed and acknowledged such mortgage; and any such mortgage, or the record thereof, shall be competent evidence in all courts of this State.

Legislative History

17 Del. Laws, c. 616, § 2 ; 22 Del. Laws, c. 444, §§ 1, 2 ; Code 1915, §§ 3202, 3203; Code 1935, §§ 3663, 3664; 25 Del. C. 1953, § 2103; 49 Del. Laws, c. 57, § 1 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1