Evening journal., 1914-06-25
NEW RULES FOR REAL
ESTATE PARTITION
Prepared by Chancellor Cur
lis and Committee of
Bar Association
HAVE THREE MONTHS
TO TAKE AN APPEAL

The draft of the new provisions as TO
partition OF real estate. which was re
Gently prepared by Chancellor Charles
NJ Curtis and committee OF the Bar
Association Of New Castle County for
submission to the bench and bar Of the
State, and which after being approved
will be incorporated into the now code.
has been printed in pamphlet form and
is being distributed by Register in
Chancery Joseph {. Jolls.
The purpose of the new provisions is
to simplify the law relative TO partition
of real estate so that action in the fu-
ture shall be brought in the Orphans
Court only, instead of both the Or
phans Court and Court of Chancery as
IN the past, which has always caused
considerable inconvenience.
The pamphlet, which is being dis
tribu'cd by MIR. Jolls. contains the
complete law on partition of real estate
with the new provisions added thereto.
The new provisions are as follows:
Section l0 The Orphans Court, in
which any partition proceeding may be
pending at any time prior TO the decree
of distribution, upon the petition of
any widow entitled 10 dover in the
whole or any part of the real estate
which is the subject of said partition
proceedings, or upon the petition of any
party to such proceedings, may appraise
the value of such widows dover in said
real estate. and in said decree of distri
button order the said appraised yalua
tion to be paid TO salu widow, and the
residue thereof paid to and among The
other parties entitled thereto.
"CThis is a new section. The methoC
of valuation is TO be determined in the
/ rules.)
"Section ~. A tenant by the cour
/ tesv or other life tenant of any rea
estate sold under the provisions Of thi
4 chapter. shall for the term of his life
be entitled TO have and receive the in
terest OF the proceeds of sale of sail
real estate, and the Orphans Court d
which such partition be pending. shal
4 have authority TO invest said proceed.
after the payment of the costs of tn
proceedings, or to deposit the same D
the Farmers Bank. or any Saving
Bank or Trust Company of this STATE
in such manner that the said tenant b.
the courtesy or other life tenant shal
receive the interest and income thereo
during his or her life. and the principa
thereof be paid, after the death of sal
tenant by the courtesy. or other Inf
tenant, TO the other parties entitled
Provided, that upon the petition of sal
tenant by the courtesy, or other lif
tenant. or any party TO said proceedin,
the said court may appraise the presen
value of said interest and direct th
payment to said tenant by the courtes
or other life tenant out of said pre-
ceeds of sale. the said appraised value
tion and distribute the residue anon
the other parties entitled.
"tThis is new The method of al
praisal is to be fixed b. rulesl
! "Section %. No appeal shall |
from any order or decree of the o
phans Court touching any of the'
promises. unless taken within thre
months from the date of said order
decree.
"tThis is new.)
"Section "a. The Orphans Court ma
make all such rules and orders as ma
be necessary for effectuating the pre-
visions of this chapter.
"CThis is new.)'