Chap. 119.—An ACT to amend and re-enact section 38, chapter 128 of
the Code of 1873, limiting the time to one year for creditors to show
cause against distribution of estates.

Approved November 27, 1884.

1. Beit enacted by the general assembly of Virginia, That
section thirty-eight, chapter one hundred and twenty-eight of
the Code of Virginia of eighteen hundred and seventy-three,
be amended and re-enacted so as to read as follows:
§38. When a report of the accounts of any personal rep-
resentative, and of the debts and demands against his dece-
dent’s estate shall have been filed in the office of a court,
whether under this chapter or in a suit in chancery, the said
court, after one year from the qualification of such personal
representative, may, on the motion of a legatee or distributee
of his decedent, make an order for the creditors of such dece-
dent to show cause on some day to be named in the order,
against the payment and delivery of the estate of the dece-
dent to his legatees or distributees; a copy of which order
shall be published once a week for four successive weeks in
one or more newspapers as the court may direct, and posted
at the door of the courthouse of the county or corporation
for or in which the court is held, on the first day of two suc-
cessive terms of such county or corporation court, or in the
city of Richmond on the first Monday in two successive
months. On or after the day named in the order, the court
in term, or the judge in vacation, may order the payment and
delivery to the legatees or distributees of the whole or a part
of the money and other estate not before distributed, with or
without a refunding bond, as it may prescribe; but every
legatee or distributee to whom any such payment or delivery
is made, and his representatives, may, in a suit brought
against him within five years afterwards, be adjudged to
refund a due proportion of any debts or demands appearing
against the decedent, and the costs attending their recovery.