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

Delaware Statutes

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

Delaware § 2103

Title25

PartMortgages and Other Liens

Ch. 21MORTGAGES ON REAL ESTATE

This text of Delaware § 2103 (Effect of mortgage executed by trustee for mentally ill spouse) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 2103 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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