CHAP. 152.—An ACT to amend and re-enact sections 2698, 2700, 2702, and 2703
of the Code of Virginia of 1887, in relation to confirmation of fiduciary ac-
counts, and the investment, payment, or distribution of money in hands of
fiduciary.

Approved March 14, 1904.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-six hundred and ninety-eight, twenty-seven hundred, twenty-
seven hundred and two, and twenty-seven hundred and three of the
Code of Virginia of eighteen hundred and eighty-seven, in relation to
confirmation of fiduciary accounts, and the investment, payment, or
distribution of money in hands of fiduciary, be amended and re-enacted
so as to read as follows:

§ 2698. Every such account so filed shall lie in the clerk’s office thirty
days for exceptions, and shall stand confirmed at the expiration of said
thirty days, if not excepted to. And the court, or the judge thereof in
vacation, shall examine every such account as to which exceptions shall
be filed, correct any errors which may appear in the exceptions, or any
appearing on the face of the account (whether excepted to or not) ; and
to this end may recommit the account to the same or another commis-
sioner as often as it sees cause, or it may confirm the report in whole or
in a qualified manner. The clerk shall, in a book kept for the purpose,
record every report which may be so confirmed, and, at the foot of it the
order of confirmation. Any vouchers or other evidence remaining with
the commissioner at the time of such confirmation, and not wanting for
any further matter of inquiry before him, shall be returned by him to
the party who filed the same.

§ 2700. When it appears by a report made as aforesaid or a special
report of the commissioner, that money is in the hands of amy fiduciary,
the court, in the clerk’s office of which said report is filed, may order the
same to be invested or loaned out, or make such other order respecting
the same as may seem to it proper. —

§ 2702. When a report of the accounts of any guardian, curator, com-
mittee, or trustee aforesaid, shall be confirmed, either in whole or in a
qualified manner, the court, in the clerk’s office of which said report is
filed, may order payment of what shall appear due on such accounts to
such persons as would be entitled to recover the same by suit in equity.

§ 2703. When a report of the accounts of any personal representative,
and of the debts and demands against the decedent’s estate shall be con-
firmed as aforesaid, the court shall order to be applied to the payment of
such debts and demands so much of the estate in the hands of such rep-
resentative, and to such creditors as shall appear proper, reserving, where
it seems to the court reasonable to do so, to meet a claim of a surety for
the decedent, or any other contingent claim against the estate, the proof
of which has to be deferred, or to meet any other claim not finally passed
wpon, such sum as it may deem sufficient to pay it or a proportion
thereof equal to what is ordered to be paid to other creditors of the same
class, should the payment of it or such proportion afterwards appear

roper.
2. And whereas, an emergency exists for the immediate change of the
existing law, by reason of the change in the judicial system, this act
shall be in force from its passage.