Chap. 193.—An ACT to amend and re-enact sections 2616 and 2620 of
an act entitled an act to revise, arrange and consolidate into a Code
the general statutes of the commonwealth, approved May 16, 1887.

Approved February 23, 1888.

1. Beit enacted by the general assembly of Virginia, That
sections twenty-six hundred and sixteen and twenty-six hun-
dred and twenty of an act entitled an act to revise, arrange
and consolidate into a Code the general statutes of the com-
monwealth, approved May sixteenth, eighteen hundred and
eighty-seven, be and they are hereby amended and re-enacted
so as to read as follows:

§ 2616. If the guardian of any minor, or the committee of:
any insane person, think that the interest of the ward or in-
sane person will be promoted by a 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 trustees 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 es-
tate 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
thoreof may be, stating plainly all the estate, real and per-
sonal, 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; aud the infant or insane person, or the benefi-
ciaries in said trust, and the trustee (when not plaintiffs) and
all others interested, shall be made detendants; and also when
there is an infant or insane defendant, all those who would
be his heirs or distributees if he were dead.
- § 2620. If it be clearly shown, independently of any admis-
sions in the answers, that the interest of the infant, insane
person or beneficiaries in the trust, as the case may be, will
be promoted, and the court be of opinion that the rights 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 ex-
change 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 ordered by a
court shall be as valid as if such exchange had been so de-
creed or ordered after the passage of this act.

2. This act shall be in force upon and after the first day of
May, eighteen hundred and eighty-eight.