House Bill No. 6402
               House Bill No. 6402

               SPECIAL ACT NO. 97-6


AN ACT VALIDATING ACTS AND DEEDS, VALID EXCEPT FOR
CERTAIN IRREGULARITIES AND OMISSIONS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  ASSESSMENTS  AND TAXATION. (a) No
assessment list  in  any  town,  city  or  borough
completed  prior to the effective date of this act
shall be deemed invalid because the assessor:
    (1)  Neglected  to give legal notice requiring
all persons therein liable to pay taxes  to  bring
in   written  or  printed  lists  of  the  taxable
property belonging to them, as required by law;
    (2)  Received  from  any  person,  before  the
first day of November in any given  year,  a  list
that  is  either not sworn to or not signed by the
person giving that list;
    (3)  Received  from any person after the first
day of November in any given year, a list that  is
duly sworn to, but said assessor neglected to fill
out a list of the property of any such person  and
to  add  thereto  ten  per  cent  of the valuation
thereof;
    (4)  Added  to  the  list  of  any  person  or
corporation making a sworn list  of  any  property
owned  by such person or corporation and liable to
taxation without legally notifying such person  or
corporation of such addition;
    (5)  Made  out  such  a list for any person or
corporation and increased the  valuation  of  such
person's   or  corporation's  property  above  the
valuation in the last-preceding  grand  list,  and
added  ten  per  cent  thereto, but failed to give
such  person  or  corporation   notice   of   such
increase,  where said person or corporation liable
to pay taxes in any town, city  or  borough  as  a
resident  thereof has failed, in any year, to give
in a  list  for  such  person  or  corporation  as
required by law;
    (6)   Did   not   assess  and  set  in  lists,
separately, as land, house lots;
    (7)  Did  not  sign any assessment list or did
not sign the assessment list of such town, city or
borough   collectively,   but   signed   the  same
individually for districts or  societies  in  such
town, city or borough;
    (8)  Omitted  to  arrange the assessment lists
in alphabetical order, or to lodge the same in the
required office on or before the day designated by
law, or at all;
    (9)  Decreased  valuations  after  the  day on
which  the  assessment  list  was  lodged  or  was
required  by  law  to  be  lodged  in the required
office, but before the date on which the  abstract
of  such  list  was transmitted or was required by
law to be transmitted by the  town  clerk  to  the
Secretary of the Office of Policy and Management;
    (10)  Omitted  to  fill  out  a  list  for any
person or corporation that failed to return a list
as provided by law;
    (11)   Made   an  incorrect  abstract  of  the
assessment lists;
    (12)  Omitted  to  compare, sign, return, date
or make oath to  an  abstract  of  the  assessment
lists  of  his or her town, as required by law, or
omitted from such abstract any part of the list of
any person;
    (13) Did not take the oath required by law;
    (14)  Failed  to  return  to the school or the
district  clerk  the  assessment  lists  of   such
district assessment; or
    (15)  Omitted  from  the  assessment  list the
taxable property  of  any  person  or  corporation
liable to pay taxes.
    (b)  No  assessment  list in any town, city or
borough completed prior to the effective  date  of
this act shall be deemed invalid because the board
of  tax  review  or  the  members  or  any  member
thereof:
    (1) Did not take the oath required by law;
    (2)  Failed  to  give  notice of the times and
places of its meetings as required by law;
    (3)  Held  its first meeting on some day other
than the day provided by law for such meeting;
    (4)  Added  to  the  list  of  any  person  or
corporation any item of taxable property  actually
owned by said person or corporation without giving
the notice required by law;
    (5)  Increased  the  list  of  any  person  or
corporation, and added to the assessment list  the
name  of  any person or corporation without giving
such person or corporation notice thereof, and the
amount of such list is not excessive or unjust;
    (6)  Omitted  to  sign  any assessment list or
abstract thereof after the same has been  examined
and corrected by said board; or
    (7)  Failed  to  return the assessment list or
abstract thereof to the town clerk  on  or  before
the fourth Monday of February in any year.
    (c)  No  tax  laid  and  imposed  prior to the
effective date of this  act  in  any  town,  city,
borough, school district or fire district shall be
deemed invalid because:
    (1)  The  town clerk failed to transmit to the
Secretary of the Office of Policy and  Management,
when required, an abstract of the assessment lists
of any town, city or borough,  on  or  before  the
first day of April in each year;
    (2)  The  proper  authorities  voted to levy a
tax, but omitted to fix the  time  when  such  tax
should become due, and the tax collector has given
notice that the taxes were  to  become  due  at  a
certain time;
    (3)   A   rate   bill  or  a  bill  for  taxes
heretofore made for the collection of any tax  was
not  made  under the hands of the proper authority
according to law;
    (4)  The selectmen of any town made their rate
bill from the assessment list made  and  corrected
by the assessor and board of tax review and lodged
in the town clerk's  office  and  disregarded  any
illegal  alteration  in  such list made after such
list and abstract were completed and lodged in the
town clerk's office as aforesaid;
    (5)  The warrant for the collection of any tax
was not signed and attached to any  rate  bill  as
provided by law; and
    (6)   A   mistake,  irregularity  or  omission
occurred in any of the steps  preparatory  to  the
issuance  of a rate bill or bill for taxes for any
tax, or in the preparation or issuance of  such  a
rate bill or bill for taxes, or in the warrant for
collection   thereof,   provided   such   mistake,
irregularity  or  omission  is  not  shown  by the
taxpayer to have made his or  her  tax  materially
greater  and  that  notice  of  such bill has been
given to the taxpayer.
    (d)  No  tax  lien  of  which a certificate to
continue has been recorded prior to the  effective
date of this act in accordance with the procedures
and within the time provided by law in the book of
tax  liens in the office of the clerk of the town,
city or borough in which the land upon which  such
lien  is  claimed  is  situated,  shall  be deemed
invalid where:
    (1)  The  assessors  failed  to set a separate
valuation upon separate  parcels  of  real  estate
upon which such lien is claimed to exist;
    (2)   The  time  when  a  tax  lien  continued
thereby became payable to the  tax  collector  was
not correctly stated in such certificate;
    (3)  The  amount  of  the  tax secured by such
lien was or is incorrectly stated therein;
    (4)  The amount of the tax stated in such lien
included property not liable to  taxation  in  the
town in which such lien is filed;
    (5)  Such  certificate  covers several parcels
in one item;
    (6)  Such  certificate  does  not  specify the
portion of the tax that is due from the  owner  of
such   real  estate  accrued  upon  each  of  such
separate parcels;
    (7)  The  property  assessed  for taxation was
listed in the name of an agent or co-owner instead
of the name of the owner or owners of the property
according to the land records of the town in which
such property lies;
    (8)  Such certificate was filed in the name of
an agent of the owner or in the name of a co-owner
of such land;
    (9)  Such  certificate  purports  to continue,
upon all real estate of any person, a lien for the
entire tax that was assessed against any person or
his property;
    (10)  The  tax collector failed to make demand
or levy upon goods and chattels, or failed to file
a  lien,  until after the expiration of his or her
term of office; and
    (11)   Such   liens  have  been  signed  by  a
selectman instead of by the tax collector.
    (e)  No  vote  or  action of any town, city or
borough, or of any board or  subdivision  thereof,
that  fixes  the  tax rate for any given year upon
the grand list wherein it is provided  a  discount
in  any  amount  of  such tax shall be allowed the
taxpayer in the event  such  tax  is  paid  on  or
before  a  given date shall be deemed invalid, and
no proceedings or activity thereunder  or  actions
undertaken   by   the   collector  of  taxes  with
reference thereto, including all  obligations  and
securities  given by him or her for the collection
and payment of such  taxes  or  for  the  faithful
performance  of  his or her duties shall be deemed
invalid.
    (f)  All  obligations  and securities given by
any  collector   of   taxes   for   the   faithful
performance  of  his  or her duties shall be legal
and binding.
    (g)  The  provisions of this section shall not
be construed as validating any omission to lay any
tax.
    (h)   All   assessment   lists  in  which  any
clerical omission or mistake has been made may  be
corrected  by  the  assessor  or  the board of tax
review provided:
    (1)  If  the  correction  would  result  in an
increase in the amount of tax due, the  correction
may not be made until the owner of the property is
given notice of the omission  or  mistake  and  is
given  an  opportunity  to contest the omission or
mistake before the board of tax review;
    (2)  Where the clerical omission or mistake is
corrected  after  the  board  of  tax  review  has
completed by law its duties for any given year, no
tax may be levied and collected  as  a  result  of
such correction.
    (i)  All taxes that have been laid and imposed
according to the  assessment  lists  specified  in
this section may be levied and collected.
    (j)  Notwithstanding  the foregoing, no choate
or inchoate tax lien shall be validated against  a
purchaser for value without actual or constructive
notice of such tax lien.
    Sec.   2.  CONDOMINIUMS.  (a)  No  declaration
submitting  property  under  the   provisions   of
chapter   825  of  the  general  statutes  or  any
amendments thereto, and no instrument by which the
provisions of said chapter may be waived, shall be
deemed invalid because:
    (1)   Said   declaration   or  instrument  was
attested by one witness only or by no witnesses;
    (2)   Said   declaration   or  instrument  was
executed only by the owners of the fee and not  by
the owners of other interests in the land;
    (3)   Said   declaration   or  instrument  was
executed only by  the  buyer  under  an  executory
purchase  or option contract with the owner of the
fee and the buyer subsequently obtained  title  to
the fee;
    (4)  Said  declaration  or instrument fails to
contain a reference to a survey;
    (5)  A  survey was not recorded simultaneously
with  the  declaration  or   was   not   certified
substantially  correct  by  a licensed surveyor or
engineer;
    (6)  Said  declaration  or instrument does not
contain the name of the building;
    (7)  Said  declaration  or instrument does not
contain a reference to  the  file  number  of  the
floor plans of the building affected thereby;
    (8)  The  floor  plans  filed in the office of
the town clerk do not contain a reference  to  the
original  declaration or the verified statement of
a registered architect  or  licensed  professional
engineer.
    (b)  No  deed  or  other instrument, including
any power of attorney made for  the  conveyancing,
mortgaging  or  leasing  of  a condominium unit in
property under chapter 825 of the general statutes
which  deed  or  instrument contains a description
sufficient to identify the particular unit as well
as  the  building  and  land  or other property in
which the same is  located,  but  which  fails  to
include   any  one  or  more  of  the  particulars
required  by   statute   with   respect   to   the
description  of a condominium unit shall be deemed
invalid because of the failure to include any  one
or more of such particulars required by statute.
    (c)  No declaration submitting the property to
the provisions  of  chapter  828  of  the  general
statutes,  or  any  amendments  thereto,  shall be
deemed invalid because:
    (1)   The  declaration  or  amendment  thereto
shall fail to contain any provision, statement  or
information  required by statute to be included in
such declaration or amendment;
    (2)  The  declaration  or amendment shall fail
to state the formula or formulas used to establish
allocation of interests among units, provided such
declaration  or  amendment  shall  set  forth   an
allocation  of  such  interests  among  all  units
declared in the  declaration  and  all  amendments
thereto;
    (3)  The  allocation  of interests among units
set forth in the declaration  or  amendment  shall
not in the aggregate equal one hundred per cent of
all such interests, provided the aggregate of such
allocations  of  interest  shall  equal  at  least
ninety-nine per cent of all such interests;
    (4)   Any  survey  or  plans  required  to  be
recorded or filed as part of  the  declaration  or
amendment    were    not    recorded    or   filed
simultaneously with the declaration or  amendment,
provided  such  survey  or  plans  were  filed  or
recorded  subsequent  to  the  recording  of  such
declaration  or  amendment  thereto and before the
effective date of this act and were indexed  in  a
manner which would lead to their discovery.
    (d)    Notwithstanding   the   provisions   of
subsection (c) of section 47-246  of  the  general
statutes, title (1) to special declarant rights in
a common interest community  created  pursuant  to
chapter  828  of  the  general statutes owned by a
person or the  person's  successor  purporting  to
have  succeeded  to  special  declarant  rights by
means  of  a  foreclosure  or  deed  in  lieu   of
foreclosure  prior  to  the effective date of this
act and (2) to units created  by  such  person  or
such     person's    successor,    is    validated
notwithstanding the  failure  or  inadvertence  of
such   person   to  have  requested  the  same  in
accordance with said  subsection  (c)  of  section
47-246.
    Sec.  3.  CONVEYANCES.  (a) No deed, mortgage,
lease, power of attorney, release,  assignment  or
other   instrument   made   for   the  purpose  of
conveying, leasing, mortgaging  or  affecting  any
interest  in  real  property  in  this  state  and
recorded prior to the effective date of  this  act
in the land records of the town in which such real
property  is  located  shall  be  deemed  invalid,
because  any  such deed, mortgage, lease, power of
attorney, release, assignment or other instrument:
    (1)  Was  not  acknowledged  or was improperly
acknowledged,   or   the   person    taking    the
acknowledgement  did  not have the authority to do
so, or the authority of  the  person  taking  such
acknowledgement   was   not   properly  stated  or
authenticated,  or  the  date  or  place  of  such
acknowledgment is not stated;
    (2) Omits a statement of any consideration;
    (3)  Was attested by one witness only or by no
witnesses;
    (4)  Omits or incorrectly states the execution
date;
    (5)  Was  not  signed  by  the grantor but was
acknowledged and delivered by the grantor;
    (6)  Fails  to disclose the date when received
for recording  or  when  the  recording  fails  to
disclose such date;
    (7)  Contains  a  date or date of record which
is earlier than the stated date  of  execution  or
acknowledgement, or both;
    (8)  Does  not  disclose  that  the town clerk
appended his or her signature thereto,  either  on
the deed or in the record book;
    (9)  Was made to any grantee not recognized by
law to have  the  capacity  to  take  or  hold  an
interest in real property, such conveyances to any
such grantee, and subsequent transfers of same  by
such  grantee,  being  by this act confirmed as to
such grantee  and  subsequent  transferees,  their
heirs, successors and assigns;
    (10)   In   the   case   of  a  conveyance  or
authorization of such conveyance by a committee of
any  society,  organization or corporation or by a
committee acting under the authority of any court,
was signed or acknowledged by such committee as an
individual or individuals;
    (11)   Was   made  to  or  by  any  alien  not
authorized  by  law  to  hold  real  estate,  such
conveyances  to  any  such  alien,  and subsequent
transfers of same by such alien, being by this act
confirmed  as  to  such  alien and transferee, and
their respective heirs,  successors  and  assigns,
and  made effective to all intents and purposes as
though the same had been made to and by  a  United
States citizen;
    (12)   Was  executed  by  an  attorney-in-fact
pursuant  to  a  power  of  attorney,   but   such
instrument  was  signed  or  acknowledged  by  the
attorney-in-fact in his individual capacity;
    (13)   Was  executed  by  an  attorney-in-fact
pursuant  to  a  power  of   attorney   but   such
instrument   does   not  reference  the  power  of
attorney;
    (14)   Was  executed  by  an  attorney-in-fact
pursuant to a power of attorney that was effective
prior  to  the execution of the instrument but was
not at the time of or prior to the recordation  of
such  instrument  recorded on the land records but
is recorded as of the effective date of this act;
    (15)  In  the  case of a conveyance to or by a
corporation:
    (A)  Was signed or acknowledged by only one or
more officers of the corporation individually, but
the corporation is designated in the instrument;
    (B)  Fails to disclose the official capacities
of the persons executing such instrument;
    (C)  Was  signed or acknowledged by an officer
who had ceased to be  such  at  the  time  of  the
execution or acknowledgement;
    (D)   Was   executed   or  recorded  when  the
corporation was not formed or chartered,  had  not
yet  received  its  corporate  franchise,  or  its
corporate existence had not begun;
    (16)  In  the  case  of  a  conveyance  by  an
executor,  administrator,  guardian,  trustee   or
conservator or any other fiduciary:
    (A)  Was  made  by  a  fiduciary authorized or
ordered by a court of probate to sell  and  convey
the  real  estate,  and  the  fiduciary  sold  and
conveyed  the  same  in   accordance   with   such
authority and received the consideration therefor,
but failed to recite in such conveyance the nature
and  extent  of  the  power  under which he or she
acted;
    (B)  Was  made  by  a  fiduciary  who sold and
conveyed the real estate under  an  order  of  the
court  of  probate  and received the consideration
therefor but failed in any manner to  comply  with
such order of such court of probate;
    (C)  Was  made  by  a  fiduciary  who sold and
conveyed the real estate by authority of an  order
of  a  probate  court  without having filed a bond
covering   the   faithful    administration    and
distribution of the avails of such sale;
    (D)  Was  made  by  a  fiduciary, who sold and
conveyed the real estate without an order  of  the
probate court having jurisdiction and received the
consideration   therefor   and   without    having
authority to make such sale, provided the same was
made six years or more prior to the effective date
of this act;
    (E)  Was  made  to a purchaser for value, at a
time when no publication  of  the  notice  of  the
probate  court  of  the hearing on the application
for an order of sale was made;
    (F)   Was   executed   and  delivered  by  one
purporting to be a  fiduciary  but  no  record  of
whose  actual  appointment  was  contained  in the
probate records, provided the conveyance was given
by  one  who  did  in  fact act as a fiduciary and
whose acts as such were approved  by  the  probate
court having jurisdiction;
    (G)   Was   signed  or  acknowledged  by  such
fiduciary individually, rather than in a fiduciary
capacity;
    (H)  Was  executed  by  the executor under the
will or by the administrator of the estate  of  or
by  the trustee of a trust created by any deceased
nonresident,  in  the  case  of   a   release   or
assignment  of  any mortgage, and a certificate of
the  appointment   and   qualification   of   such
executor,  administrator  or trustee issued by the
court having jurisdiction of the estate  or  trust
of such deceased was not attached thereto;
    (17)  In  the  case  of  conveyance to or by a
partnership or voluntary association:
    (A)  Was  executed  in favor of a grantee that
was a voluntary association or a  partnership  not
created  under  the  Uniform  Partnership  Act  or
Uniform Limited Partnership Act;
    (B)  Was  executed  by  less  than  all of the
members  of  a  voluntary  association   and   the
immediate  grantor  to  said voluntary association
but not the voluntary association  itself,  or  by
the  voluntary  association  when execution should
otherwise have been by the members thereof; or
    (C)  Was  executed  in  the  partnership  name
although title was in the individual partners;
    (18)  Was  executed  to or by a business trust
or a foreign limited partnership in its own  name,
whether  or  not  the  business  trust  or foreign
limited  partnership  had  filed  a  copy  of  its
declaration   of   trust  or  limited  partnership
agreement in the Secretary of the  State's  office
prior to said delivery or execution;
    (19)  In  the  case  of  a  notice  of  lease,
because the same failed to state the term  of  the
lease,  or whether or not the lease was renewable,
or to state whether or not said lease contained an
option  to  purchase  the  leased  premises  or to
extend the term of the lease, or where a  copy  of
the lease is on file;
    (20)  Fails  to  state  the  town and state in
which  the  real   property   described   in   the
instrument is located;
    (21)  Contains  more  than  one of the defects
enumerated in this act.
    (b)  In  the  case  of  a real estate mortgage
owned by a ward of  any  guardian  or  conservator
foreclosed  by  such guardian or conservator in an
action brought in the  name  of  the  guardian  or
conservator  of  such ward, instead of in the name
of the ward, or judgment was in the name  of  such
guardian or conservator, or a certificate of title
under foreclosure was recorded in  the  office  of
the  clerk  of  the  town in which the property is
located showing title to be in the  name  of  such
guardian  or  conservator, such judgment shall not
be deemed invalid and  title  to  such  foreclosed
property shall be vested in the ward.
    (c)  No committee deed ordered by the court in
a  foreclosure  action,  recorded  prior  to   the
effective  date of this act in the land records in
the town in which such real property  is  located,
shall  be  deemed  invalid because the approval of
the judge omits or incorrectly states the date  of
such approval.
    Sec.    4.    FIDUCIARY    RELATIONSHIP   WITH
CREDITORS. No order  of  limitation  of  time  for
creditors  to  present claims against an estate to
the executor or administrator of such estate shall
be  deemed  not to have complied with the terms of
such order of the court of probate because:
    (1)  The  executor  or  administrator  of  any
estate, the settlement of which has been commenced
six  years  or more prior to the effective date of
this act, failed to give notice of  the  order  of
limitation  of time for creditors to present their
several claims against such  estate  according  to
the  order  of  the  court of probate issuing such
order;
    (2)  The  executor  or  administrator  of  any
estate, a settlement of which has  been  commenced
six  years  or more prior to the effective date of
this act, failed to make a  sworn  return  to  the
court  of  probate  of  the  order  of  such court
limiting the time for  creditors  to  present  any
such claims against such estate.
    Sec.  5.  MAPS  OR  PLANS.  No deed, mortgage,
lease or other instrument recorded  prior  to  the
effective   date  of  this  act  transferring  any
interest in a lot or lots shown on a filed map  or
plan  of  subdivision  shall  be deemed invalid to
convey the title to the lot or  lots  or  interest
therein because:
    (1)   The  map  or  plan  was  not  sealed  or
certified by a surveyor or was not prepared by the
owner of the land;
    (2)  The  map or plan was not filed within the
time limitations of any general  or  special  law,
ordinance or regulation;
    (3)  The  map  or  plan does not have endorsed
thereon the approval of the  commission,  body  or
official  required  by  a  general or special law,
ordinance or regulation;
    (4)  The  map  or  plan  fails  in  any way to
comply with any requirement or requirements of any
special  or  general  law,  municipal ordinance or
regulation.
    Sec.   6.   PLANNING   AND   ZONING.   (a)  No
conveyance, mortgage, lease or other  transfer  of
any   interest   in  land  comprising  part  of  a
subdivision shall be deemed invalid to convey  the
title  to  the  land or interest described therein
because such land comprises part of a  subdivision
that   was  not  submitted  for  approval  to  the
municipal planning commission or  other  municipal
agency   charged   with   the  duty  of  approving
subdivisions.
    (b)  No use or occupancy of or the presence of
any building or other structure erected on  a  lot
or lots either shown on a filed or recorded map or
plan of subdivision or located  in  a  subdivision
created  by  the  physical  division  of land into
three or more parcels shall be deemed  illegal  or
invalid  because the lot or lots on which any such
building or other  structure  is  located  is  not
shown  on  an  approved  plan  of  subdivision  or
because the filed  or  recorded  map  or  plan  of
subdivision fails in any manner to comply with any
requirement or  requirements  of  any  general  or
special law, ordinance or regulation.
    (c)  Any and all actions taken by any planning
commission, zoning commission, planning and zoning
commission, zoning board of appeals, building code
board of appeals,  inland-wetland  agency  or  any
other   commission,  board,  agency  or  municipal
official, including a legislative body, exercising
the  powers  of  any  such  commissions, otherwise
valid except that said planning commission, zoning
commission, planning and zoning commission, zoning
board of appeals, building code board of  appeals,
inland-wetland  agency or other commission, board,
agency  or   municipal   official,   including   a
legislative   body,  failed  to  comply  with  the
requirement or  requirements  of  any  general  or
special law, ordinance or regulation governing the
contents, giving, mailing, publishing,  filing  or
recording  of any notice, either of the hearing or
of the action taken,  is  validated,  provided  no
such  action  shall be validated if an appeal from
such action is pending in any court  or  the  time
for  taking  such appeal has not expired as of the
effective date of this act.
    (d)   Nothing  contained  in  this  act  shall
permit or validate the use of land in violation of
the planning, zoning or inland-wetland regulations
of a municipality.
    Sec.  7.  PROBATE COURT. The following actions
of any probate court are hereby validated:
    (1)   The   actions   of,   or   pursuant   to
authorization by, any probate court having,  under
the    provisions   of   the   general   statutes,
jurisdiction of  the  estate  of  any  nonresident
decedent,  in  accepting jurisdiction and ordering
on record a  duly  authenticated  and  exemplified
copy  of the will of such decedent, with a copy of
the proceedings proving and establishing the  same
in  another  state,  and  the  appointment by such
probate court of an administrator  with  the  will
annexed   of   such   estate,   after  proceedings
concerning the same had been commenced in  another
probate   court,   which   may  or  may  not  have
jurisdiction, provided the probate court in  which
such  proceedings  were first commenced shall have
made a finding that it  has  no  jurisdiction  and
ordered the proceedings vacated;
    (2)  All  orders of sale of real estate by any
court of probate that are otherwise  valid  except
that  such court made an alternative order of sale
by either  public  or  private  sale,  instead  of
directing  the  method  of  such  sale as required
under the provisions of the general statutes;
    (3)  All orders for the limitation of time for
presenting claims against the estate  of  deceased
persons  heretofore  made  by any court of probate
otherwise valid  except  that  a  notice  to  that
effect  was  not  properly given as required under
the provisions of the general statutes;
    (4)  The  sale  and  conveyance  of  any  real
estate, or interest therein, pursuant to any valid
order   issued   by   a   probate   court   having
jurisdiction, which sale and conveyance was  valid
except  for the failure to consummate the same for
a period of ten years or more from the date of the
death  of  the  person  owning  such  real estate,
provided any grantee of any heir or devisee of the
decedent  having  purchased  any  interest of such
heir or devisee shall be entitled to the share  of
such heir or devisee in the proceeds of such sale,
and further provided if the name or address of any
person  entitled  to  any share in the proceeds of
any such sale shall not be  ascertainable  by  the
probate  court, such court shall appoint a trustee
for the share of such person,  who  shall  give  a
probate  bond  and  shall  hold  such  share until
demanded  by  the  person  or   persons   entitled
thereto.
    Sec.  8.  FINANCING  STATEMENTS.  No financing
statement or assignment or release of  a  security
interest filed prior to the effective date of this
act with the Secretary of the  State  pursuant  to
article  9  of  title  42a of the general statutes
shall be deemed  invalid  because  such  financing
statement,   assignment   or   release   omits  or
incorrectly states the execution date.
    Sec.  9.  APPLICABILITY. No defects, omissions
or irregularities enumerated in this act shall  be
validated  if  any  action, suit or proceeding has
been commenced, or notice of pendency thereof  has
been duly recorded on or before the effective date
of this act.
    Sec.  10.  This act shall take effect from its
passage and shall apply to any defect, omission or
irregularity enumerated in this act which occurred
on or before January 1, 1997.

APPROVED April 18, 1997