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CHAPTER CXIII.

OF DESCENTS AND DISTRIBUTIONS.

Sec. 2548. [85 Va. 429.]
Sec. 2551. [85 Va. 429.]
Sec. 2554. [90 Va. 390.]
Sec. 2556. [1 Va. L. R. 229.]
Sec. 2561. [82 Va. 352, 859 ; 85 l'a. 616 ; 86 Va. 909 ; 87 Va. 300.]

TITLE 31.

PARTITIONS AND COTERMINOUS OWNERS.

CHAPTER CXIV.

OF PARTITIONS AND COTERMINOUS OWNERS.

91 Va, 114. 92 Va. 144.

2 Va. L. R. 423.

As Amended Sec. 2562. Jurisdiction of partition of lands.- Tenants in common, 1897-8, . 488. 82 Va: 685,769. joint tenants, and co-parceners shall be compellable to make partition; and

a lien creditor or any owner of undicided estate in real estate may also compel 1 Va. L. R. 671. partition for the purpose of subjecting the estate of his debtor or the rents and

· profits thereof to the satisfuction of his lien,

Any court having general equity jurisdiction of the county or corporation wherein the estate or any part thereof is shall have jurisdiction in cases of partition, and in the exercise of such jurisdiction may take cog. nizance of all questions of law affecting the legal title that may arise in any proceedings.

TITLE 32.

MINORS, AND THEIR MASTERS AND GUARDIANS.

CHAPTER CXV.

OF MASTERS AND THEIR APPRENTICES.

CHAPTER CXVI.

OF GUARDIANS AND WARDS (AND ADOPTION OF MINORS).

As Amended 1891-2 p. 431.

Sec. 2597. Testamentary guardians.—Every father may by his last will and testament appoint a guardian for his child born or to be born and for such time during its infancy as he shall direct. Every mother may in like manner by her last will and testament appoint a guardian of her infant child: provided, such infant have no father living and there be no other duly qualified guardian appointed by the father, and such guar

dian shall have the custody and control of the person and estate of said infant. Upon the qualification of a guardian appointed by the mother under the provisions of this act the powers of any guardian of her child appointed otherwise than by the father shall thereupon cease and determine. Sec. 2600. How appoint them.-If the minor is under the age of As Amended

1897-8, P. 933. fourteen years the court may nominate and appoint his guardian; if he is above that age he may in the presence of the court or in writing acknowledge before a justice or other person authorized to take acknocledgments to deeds nominate his own guardian, who if approved by the court shall be appointed accordingly; and if the guardian nominated by such minor shall not be appointed by the court, or if the minor reside without the state, or if after being summoned by the court he shall neglect to nominate a suitable person, the court may nominate and appoint the guardian in the same manner as if the minor was under the age of fourteen years.

Sec. 2603. [82 Va 79, 567, 706.]
Sec. 2605. [88 Va. 247.]
Sec. 2609. [88 Va. 247.]

Sec. 2614 a. To legalize the adoption of minor children by adult 1891-2, p. 262. persons.-1. That an inhabitant of this state not married or a husband 1897-8, p. 38.

Previous and wife jointly may petition the county or circuit court of their proper

Amendment county, or the corporation or circuit court of their proper city, for leave to 1893-4, p. 75. adopt a minor child not theirs by birth and for a change of the name of such child; but a written consent must be given to such adoption by the child if of the age of fourteen years and by each of his or her living parents who is not hopelessly insane or habitually intemperate or has not abandoned such child ; or if there are no such parents or if the parents are unknown or have abandoned such child or if they are hopelessly insane or habitually intemperate, then by the legal guardian ; or if there be no such guardian, then by a discreet and suitable person appointed by the court to act in the proceedings as the next friend of such child ; but if such parents or guardian join in said petition it shall be deemed such consent in writing.

2. When the foregoing provisions are complied with if the court is satisfied of the ability of the petitioner to bring up and educate the child properly, having reference to the degree and condition of the child's parents and the fitness and propriety of such adoption, it shall make an order setting forth the facts and declaring that from that date such child, to all legal intents and purposes, is the child of the petitioner and that its name is thereby changed.

3. The natural parents shall by such order be divested of all legal rights and obligations in respect to the child and the child be free from all legal obligations of obedience and maintenance in respect to them ; such child shall be, to all intents and purposes, the child and heir at law of the person so adopting him or her, entitled to all the rights and privileges and subject to all the obligations of a child of such person begotten in lawful wedlock; but on the decease of such person and the subsequent decease of such adopted child without issue the property of such adopted parent still undisposed of shall descend to his or her next of kin and not to the next of kin of such adopted child.

TITLE 33.

LEASING AND SELLING LANDS OF PERSONS UNDER DISABILITIES.

CHAPTER CXVII.

OF LEASING THE LANDS OF INFANTS * OR INSANE PERSONS AND OF THE SALE

OF THEIR LANDS OR THOSE HELD FOR THE BENEFIT OF OTILERS.

As Amended

Sec. 2616. By whom bill may be filed for sale of lands of such per1887-8, p 503. Previous sons, or lands held in trust; what to state; how verified; who to be

Amendment 1887-8, p 239.

made defendants.-If the guardian of any minor or the committee of any 90 Va. 447.

insane person think that the interest of the ward or insane person will be 92 Va. 615.

promoted by the sale of his estate or estate in which he is interested with others, infants or adults, or if it be real estate by an exchange of such real estate for other real estate; or if the trustee of any estate or any person interested in any estate in trust, whether he be interested with others or not, think the interest of those for whom the estate is held will be promoted by a sale thereof, or if it be real estate by an exchange thereof for other real estate, such guardian, committee, trustee, or beneficiary, whether the estate of the minor or insane person or of any of the persons interested be absolute or limited, and whether there be or be not limited thereon any other estate, vested or contingent, and whether the guardian, committee, or trustee, or the minor, insane person, or any of the persons interested reside in this state or not, may for the purpose of obtaining such sale or exchange file a bill in equity in the circuit court of the county or the circuit or corporation court of the corporation in which the estate proposed to be sold or exchanged or some part thereof may be, stating plainly all the estate, real and personal, belonging to such infant or insane person or so held in trust and all the facts calculated to show the propriety of the sale or exchange. The bill shall be verified by the oath of the plaintiff, and the infant or insane person or the beneficiaries in said trust and the trustee (when not plaintiffs) and all others interested shall be made defendants, and also when there is an infant or insane defendant all those who would

be his heirs or distributees if he were dead. 1891-2, p. 551. Sec. 2616 a. To prevent the abatement, by the death of the ward

if a male or the death or marriage of the ward if a female, of suits instituted by a guardian for the sale of his ward's estate, and to revive suits heretofore instituted by such guardian which have abated by the death or marriage of the ward.-1. No suit heretofore or hereafter instituted by a guardian for the sale of his ward's estate under section twenty-six hundred and sixteen of the code of Virginia shall abate by the death of the ward if a male or by the death or marriage of the ward if a female, but the same shall be continued in the name of said guardian until final decree as if said ward had not died or married.

2. That any suit heretofore instituted by a guardian for the sale of his ward's estate under section twenty-six hundred and sixteen of the code of Virginia which has abated by the death or marriage of the ward may be revived by motion before the court in which the said suit was pending at

* As to sale of real estate of a married woman who is a minor see ante section 2292 a.

Amendment

the time of abatement or before the judge of said court in vacation upon reasonable notice to all parties interested. The said motion may be made by any person who was a party to the said suit or by the purchaser of any estate sold under decrees in said suit prior to said abatement; and when made by a woman who marries while a minor and who is a minor at the time of said motion the said motion shall be made by her next friend. And if the said court or judge thereof in vacation think it proper that said suit should be revived it or he shall enter an order reviving the same, and the said cause shall proceed in the name of the guardian until final decree as if said death or marriage had not taken place.

3. Nothing contained in this act shall be construed to authorize á decree for the sale of such estate to be entered or the sale of such estate to be made after the death of the ward or wards in whose interest the suit was brought.

Sec. 2618. [92 Va. 615.]
Sec. 2619. [83 Va. 715; 80 Va. 337.]
Sec. 2620. When and what decree for sale may be made.-If it be As Amended

1887-8, p. 504. clearly shown independently of any admissions in the answers that the

Previous interest of the infant, insane person, or beneficiaries in the trust, as the

1887-8, p. 240. case may be, will be promoted, and the court be of opinion that the rights 90 Va: 447. of no person will be violated thereby it may decree a sale of said estate or any part thereof, or if it be real estate an exchange thereof for other real estate, taking for the purchase money when the sale is on credit ample security, and if the sale be of real estate retaining a lien thereon: provided, that any exchange of lands heretofore decreed or entered by a court shall be as valid as if such exchange had been so decreed or ordered after the passage of this act. Sec. 2625. How right of dower of insane wife may be passed ; same As Amended

1895-6, p. 260. right in purchase money to be secured to her or compensation made.If the husband of an insane wife wish to sell real estate and to have her right of dower therein released to the purchaser, or if the wife of an insane husband wish to seil real estate and have his right of curtesy therein released to the purchaser, he or she as the case may be may petition for the purpose the circuit court of the county or circuit or corporation court of the corporation in which such estate or some part thereof is, and if it appear to the court to be proper an order may be made for the execution of such a release by a commissioner to be appointed by the court for that purpose, which release shall be effectual to pass her said right of dower or his right of curtesy as the case may be to the purchaser. But the court shall make such order as in its opinion may be proper to secure to the insane wife or husband as the case may be the same interest in the purchase money and the income thereof that she or he would have had in the real estate and income thereof if it had not been sold, or at the discretion of the court to secure to her or to him as the case may be out of the purchase money such sum in gross as in the court's opinion may be sufficient to compensate her for right of dower or him for right of curtesy.

93 Va. 467.

TITLE 31.

TRANSFERRING TO PERSONS IN ANOTHER STATE EFFECTS IN THIS.

CHAPTER CXVIII.

OF THE TRANSFER OF PROPERTY IN THIS STATE BELONGING TO DECEDENTS,

WARDS, INSANE PERSONS, OR BENEFICIARIES IN ANOTHER STATE OR COUS-
TRY.

Sec. 2629. [82 Va. 79 ; 91 Va. 110.]
Sec. 2630. [91 V'a. 110 ]
Sec. 2631. [91 Va. 410 ]
Sec. 2632. [91 Va. 110.]
Sec. 2633. [91 Va. 110.]

TITLE 35.

PERSONAL REPRESENTATIVES; SALE OF ESTATE OF DECEDENTS, AND APPLI

CATION OF ASSETS.

CHAPTER CXIX.

OF PERSONAL REPRESENTATIVES ; TIIEIR POWERS AND DUTIES AS TO PERSONAL

ASSETS.

As Amended Sec. 2644. On marriage of female personal representative her 1891-2, p. 333.

authority is extinguished.-Where an unmarried woman who is a personal
representative, either alone or jointly with another, shall marry, her hus-
band shall not be a personal representative in her right, but the marriage
shall not operate as an extinguishment of her authority. Whenever such
female personal representative shall marry the court in which she qualified
shall on the motion of any surety on her bond as such and may on the
motion of any other person interested, or when it shall seem proper to such
court, revoke her powers and authority, and thereafter the other personal
representative, if there be any, may proceed in discharging the trust as if
she were dead, and if there be no other administration de bonis non (with
the will annexed is there be a will) may be granted by the court.

Sec. 2648. [85 V'a. 187.)
Sec. 2651. [87 Va. 151.]
Sec. 2652. [87 Va. 451 ; 92 Va. 383.]

Sec. 2655. [87 Va. 497 ; 92 Va. 687; 3 Va. L. R. 439.]
As Amended

Sec. 2660. Order in which debts of decedent to be paid.- When the 1895-6, p. 289.

assets of the decedent in the hands of his personal representative after the 58 Va. 721, 779. payment of funeral expenses and charges of administration are not suffi

cient for the satisfaction of all demands against him they shall be applied

84 Va. 435

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