Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 743
Investment or deposit of share of persons holding curtesy interest or life estate; appraisement and payment upon petition
A tenant by the curtesy or other life tenant of any real estate sold under the provisions of this chapter shall for the term of that tenant’s life be entitled to have and receive the interest of the proceeds of sale of the real estate, and the Court of Chancery in which such partition is pending may invest the proceeds, after the payment of the costs of the proceedings, or deposit the proceeds in any bank or trust company of this State in such manner that the tenant by the curtesy or other life tenant shall receive the interest and income during that tenant’s life, and the principal shall be paid, after the death of the tenant by the curtesy or other life tenant, to the other parties entitled. Upon the petition of the tenant by the curtesy or other life tenant, or any party to the proceeding, the Court may appraise the value of the interest and direct the payment to the tenant by the curtesy or other life tenant out of the proceeds of sale, the appraised valuation, and distribute the residue among the other parties entitled.
Amendment history
70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 25-723 · Unknown or uncertain parties in interest; description in…
- 25-724 · Decree of partition; appointment and duties of commissioners
- 25-725 · Appointment of a new commission
- 25-726 · Final decree of partition
- 25-727 · Proportionment of shares among issue claiming by stocks
- 25-728 · Procedure upon petition by all interested parties
- 25-729 · Appointment of trustee for public sale of premises; conveyance…
- 25-730 · Allotment of primary interests
- 25-731 · Deed upon death of purchaser
- 25-732 · Title upon sale; transfer of liens to proceeds
- 25-733 · Investment or division of sale proceeds
- 25-734 · Sales upon credit; purchase money security; preference of…
- 25-735 · Costs
- 25-736 · Dower, curtesy or other estate in undivided shares of parties…
- 25-737 · Procedure where dower, curtesy or life estate exists
- 25-738 · Advancements; treatment upon partition
- 25-739 · Assignment of dower without embracing residue
- 25-740 · Election to take dower from proceeds of sale; investment or…
- 25-741 · Appointment of trustee for joint owner’s widow with a mental…
- 25-742 · Appraisement of value of widow’s dower; payment of widow’s…
- 25-743 · Investment or deposit of share of persons holding curtesy…
- 25-744 · Curtesy; barred by wrongful conduct of husband
- 25-745 · Real estate in more than 1 county; appointment of freeholders;…
- 25-746 · Partition of several tracts held by same joint owners; power…
- 25-747 · Partition of several tracts where some parties hold interest…
- 25-748 · Power of commissioners to make return of partition of part of…
- 25-749 · Certified copy of record as evidence
- 25-750 · Limitation of appeals
- 25-751 · Powers of Court of Chancery
- 25-901 · Liability in actions for waste
- 25-902 · Liability of an assignee and tenant in possession
- 25-903 · Liability of husband or assignee of tenant
- 25-904 · Liability of cotenants
- 25-905 · Actions by heirs
- 25-906 · Accidental fire in house not waste
- 25-907 · Service of writ; judgment by default
- 25-908 · Procedure upon death of either party
- 25-909 · Judgment
- 25-910 · Writ of estrepement
- 25-911 · Injunction or writ of estrepement upon petition of lienholder