Subchapter IV. Sale of Disabled Person's Real Estate
§ 3951. Sale of disabled person's real estate.
(a) If it appears to the Court of Chancery that it is proper to sell any real estate of a disabled person, whether the real
estate is held in severalty, joint tenancy, coparcenary or in common or in possession, reversion or remainder or any part
of it, the Court may order it to be sold by the guardian of the property or by a trustee to be appointed for that purpose.
(b) Whenever application for such a sale is made by a guardian, the Court shall appoint a licensed and certified pursuant
to Delaware law appraiser of real estate to perform an appraisal of the real property to be sold. The appraiser appointed
shall be independent of the parties to the sale and disinterested in the transaction. The appraised value shall be used by
the Court to establish the lowest price at which the property may be offered for sale, except in cases where the Court determines,
based on good cause shown, that another sale price is appropriate.
(c) Upon any such sale, the guardian or trustee shall make a deed to the purchaser which shall convey as full a title to the
land as the disabled person had at the time of sale.
(d) The Court may order that the real estate be sold clear and discharged of any lien or incumbrance thereon at the time of
sale created by or recovered against the disabled person and in such case the Court shall direct in the order of sale that
reasonable notice of the sale be given to the holders of such lien or incumbrance by newspaper advertisement or otherwise.
The lien or incumbrance shall, without change of priority, be transferred to the proceeds of sale.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3951; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 74 Del. Laws, c. 410, § 1.;
§ 3952. Trustee's bond.
If a trustee is appointed to sell the disabled person's real estate, the trustee may be required to give security in such
sum as the Court directs.
Code 1852, § 1995; Code 1915, § 3937; Code 1935, § 4444; 12 Del. C. 1953, § 3952; 69 Del. Laws, c. 109, § 2.;
§ 3953. Sale on credit; security for purchase price.
In any order granted by the Court of Chancery for the sale of real estate owned by a disabled person, the Court may direct
such sale to be made upon credit, either as to the whole or part of the purchase money, the payment of the purchase money
to be at such time or times and to be secured in such manner as the Court by the order of sale or otherwise prescribes. The
Court may order and direct all such acts and proceedings touching the premises as it deems necessary to better effectuate
the object of this section.
13 Del. Laws, c. 458, § 1; Code 1915, § 3935; Code 1935, § 4442; 12 Del. C. 1953, § 3953; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2.;
§ 3954. Proceeds of sale; payment.
The proceeds of the sale shall be personal property. Such proceeds, after deducting all expenses allowed by the Court, may
be ordered to be paid to the guardian of the property to be accounted for as personal property of the disabled person in the
regular course of the guardianship or such proceeds may be ordered to be deposited in a bank to the credit of the disabled
person, to be invested, loaned or disposed of for the disabled person's benefit.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3955; 69 Del. Laws, c. 109, § 2.;
§ 3955. Guardian's bond.
(a) When the proceeds shall be ordered to be paid to or shall otherwise come to the hands of a guardian they shall be within
the condition of the guardian's bond and the guardian and the guardian's sureties, both in the original bond and in any additional
bond which may be taken, shall be liable for the proceeds in the same manner as for other property of the disabled person.
(b) In every case of the sale of a disabled person's real estate and in every case where the guardian's liability is or may
be increased, the Court of Chancery may require the guardian to give such additional security as may be deemed necessary,
by obligation, with surety or sureties, in the same manner and form as original security.
Code 1852, §§ 1988-1993; Code 1915, §§ 3934-3936; Code 1935, §§ 4441, 4443; 12 Del. C. 1953, § 3956; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 70 Del Laws, c. 186, § 1.;
Subchapter IV. Sale of Disabled Person's Real Estate
§ 3951. Sale of disabled person's real estate.
(a) If it appears to the Court of Chancery that it is proper to sell any real estate of a disabled person, whether the real
estate is held in severalty, joint tenancy, coparcenary or in common or in possession, reversion or remainder or any part
of it, the Court may order it to be sold by the guardian of the property or by a trustee to be appointed for that purpose.
(b) Whenever application for such a sale is made by a guardian, the Court shall appoint a licensed and certified pursuant
to Delaware law appraiser of real estate to perform an appraisal of the real property to be sold. The appraiser appointed
shall be independent of the parties to the sale and disinterested in the transaction. The appraised value shall be used by
the Court to establish the lowest price at which the property may be offered for sale, except in cases where the Court determines,
based on good cause shown, that another sale price is appropriate.
(c) Upon any such sale, the guardian or trustee shall make a deed to the purchaser which shall convey as full a title to the
land as the disabled person had at the time of sale.
(d) The Court may order that the real estate be sold clear and discharged of any lien or incumbrance thereon at the time of
sale created by or recovered against the disabled person and in such case the Court shall direct in the order of sale that
reasonable notice of the sale be given to the holders of such lien or incumbrance by newspaper advertisement or otherwise.
The lien or incumbrance shall, without change of priority, be transferred to the proceeds of sale.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3951; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 74 Del. Laws, c. 410, § 1.;
§ 3952. Trustee's bond.
If a trustee is appointed to sell the disabled person's real estate, the trustee may be required to give security in such
sum as the Court directs.
Code 1852, § 1995; Code 1915, § 3937; Code 1935, § 4444; 12 Del. C. 1953, § 3952; 69 Del. Laws, c. 109, § 2.;
§ 3953. Sale on credit; security for purchase price.
In any order granted by the Court of Chancery for the sale of real estate owned by a disabled person, the Court may direct
such sale to be made upon credit, either as to the whole or part of the purchase money, the payment of the purchase money
to be at such time or times and to be secured in such manner as the Court by the order of sale or otherwise prescribes. The
Court may order and direct all such acts and proceedings touching the premises as it deems necessary to better effectuate
the object of this section.
13 Del. Laws, c. 458, § 1; Code 1915, § 3935; Code 1935, § 4442; 12 Del. C. 1953, § 3953; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2.;
§ 3954. Proceeds of sale; payment.
The proceeds of the sale shall be personal property. Such proceeds, after deducting all expenses allowed by the Court, may
be ordered to be paid to the guardian of the property to be accounted for as personal property of the disabled person in the
regular course of the guardianship or such proceeds may be ordered to be deposited in a bank to the credit of the disabled
person, to be invested, loaned or disposed of for the disabled person's benefit.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3955; 69 Del. Laws, c. 109, § 2.;
§ 3955. Guardian's bond.
(a) When the proceeds shall be ordered to be paid to or shall otherwise come to the hands of a guardian they shall be within
the condition of the guardian's bond and the guardian and the guardian's sureties, both in the original bond and in any additional
bond which may be taken, shall be liable for the proceeds in the same manner as for other property of the disabled person.
(b) In every case of the sale of a disabled person's real estate and in every case where the guardian's liability is or may
be increased, the Court of Chancery may require the guardian to give such additional security as may be deemed necessary,
by obligation, with surety or sureties, in the same manner and form as original security.
Code 1852, §§ 1988-1993; Code 1915, §§ 3934-3936; Code 1935, §§ 4441, 4443; 12 Del. C. 1953, § 3956; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 70 Del Laws, c. 186, § 1.;
Subchapter IV. Sale of Disabled Person's Real Estate
§ 3951. Sale of disabled person's real estate.
(a) If it appears to the Court of Chancery that it is proper to sell any real estate of a disabled person, whether the real
estate is held in severalty, joint tenancy, coparcenary or in common or in possession, reversion or remainder or any part
of it, the Court may order it to be sold by the guardian of the property or by a trustee to be appointed for that purpose.
(b) Whenever application for such a sale is made by a guardian, the Court shall appoint a licensed and certified pursuant
to Delaware law appraiser of real estate to perform an appraisal of the real property to be sold. The appraiser appointed
shall be independent of the parties to the sale and disinterested in the transaction. The appraised value shall be used by
the Court to establish the lowest price at which the property may be offered for sale, except in cases where the Court determines,
based on good cause shown, that another sale price is appropriate.
(c) Upon any such sale, the guardian or trustee shall make a deed to the purchaser which shall convey as full a title to the
land as the disabled person had at the time of sale.
(d) The Court may order that the real estate be sold clear and discharged of any lien or incumbrance thereon at the time of
sale created by or recovered against the disabled person and in such case the Court shall direct in the order of sale that
reasonable notice of the sale be given to the holders of such lien or incumbrance by newspaper advertisement or otherwise.
The lien or incumbrance shall, without change of priority, be transferred to the proceeds of sale.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3951; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 74 Del. Laws, c. 410, § 1.;
§ 3952. Trustee's bond.
If a trustee is appointed to sell the disabled person's real estate, the trustee may be required to give security in such
sum as the Court directs.
Code 1852, § 1995; Code 1915, § 3937; Code 1935, § 4444; 12 Del. C. 1953, § 3952; 69 Del. Laws, c. 109, § 2.;
§ 3953. Sale on credit; security for purchase price.
In any order granted by the Court of Chancery for the sale of real estate owned by a disabled person, the Court may direct
such sale to be made upon credit, either as to the whole or part of the purchase money, the payment of the purchase money
to be at such time or times and to be secured in such manner as the Court by the order of sale or otherwise prescribes. The
Court may order and direct all such acts and proceedings touching the premises as it deems necessary to better effectuate
the object of this section.
13 Del. Laws, c. 458, § 1; Code 1915, § 3935; Code 1935, § 4442; 12 Del. C. 1953, § 3953; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2.;
§ 3954. Proceeds of sale; payment.
The proceeds of the sale shall be personal property. Such proceeds, after deducting all expenses allowed by the Court, may
be ordered to be paid to the guardian of the property to be accounted for as personal property of the disabled person in the
regular course of the guardianship or such proceeds may be ordered to be deposited in a bank to the credit of the disabled
person, to be invested, loaned or disposed of for the disabled person's benefit.
Code 1852, §§ 1988-1992; Code 1915, § 3934; Code 1935, § 4441; 12 Del. C. 1953, § 3955; 69 Del. Laws, c. 109, § 2.;
§ 3955. Guardian's bond.
(a) When the proceeds shall be ordered to be paid to or shall otherwise come to the hands of a guardian they shall be within
the condition of the guardian's bond and the guardian and the guardian's sureties, both in the original bond and in any additional
bond which may be taken, shall be liable for the proceeds in the same manner as for other property of the disabled person.
(b) In every case of the sale of a disabled person's real estate and in every case where the guardian's liability is or may
be increased, the Court of Chancery may require the guardian to give such additional security as may be deemed necessary,
by obligation, with surety or sureties, in the same manner and form as original security.
Code 1852, §§ 1988-1993; Code 1915, §§ 3934-3936; Code 1935, §§ 4441, 4443; 12 Del. C. 1953, § 3956; 57 Del. Laws, c. 402, § 3; 69 Del. Laws, c. 109, § 2; 70 Del Laws, c. 186, § 1.;
