Chap. 294.—An ACT relating to the grant of letters of administration upon
the estates of persons presumed to be dead, by reason of long absence from
their former domicile.

Approved March 12, 1908.

1. Be it enacted by the General Assembly of Virginia, That when-
ever, hereafter, letters of administration, on the estate of any person
supposed to be dead on account of absence for seven or more years from
the place of his last domicile within this State, shall be applied for, it
shall be the duty of the clerk of the court to whom the application shall
be made to certify the same forthwith to the circuit or corporation
eourt of the county or city, or in case of the city of Richmond to the
chancery court of said city, or in case of the city of Norfolk, to the
court of law and chancery, and the said court if satisfied that the ap-
plicant would be entitled thereto were the supposed decedent in fact
dead, shall cause to be advertised in a newspaper published in the county
once a week for four successive weeks, the fact of said application, to-
gether with notice that on a day certain, which shall be at least two
weeks after the last of said advertisements, the court will hear evidence
concerning the alleged absence of the supposed decedent, and the cir-
cumstances and duration thereof.

2. At the hearing, the court shall take such legal evidence as shal] then
be offered, for the purpose of ascertaining whether the presumption of
death is established, and no person shall be disqualified to testify by
reason of his or her relationship as husband or wife to the supposed
decedent, or his or her interest in the estate of the person supposed to
be dead.

3. If satisfied upon the hearing, that the legal presumption of death
is made out, the court shall so decree, and shall forthwith cause notice
thereof to be inserted for two successive weeks in a newspaper published
in the county, and, also, when practicable, in a newspaper published at
or near the place beyond the Commonwealth, where, when last heard
from, the supposed decedent had his residence. The said notice shall
require the supposed decedent, if alive, or any person for him, to produce
to the court within twelve weeks from the date of its last insertion, satis-
factory evidence of his continuance of life.
4. If, within the said period of twelve weeks, evidence satisfactory
to the court of the continuance in life of the said decedent shall not be
forthcoming, it shall be the duty of the court to order the clerk of the
court to issue the letters of administration to party thereto entitled ;
and the said letters, until revoked, and all acts done in pursuance thereof
and in reliance thereupon, shall be as valid as if the supposed decedent
were really dead.

5. The court may revoke the said letters at any time, on due and
satisfactory proof that the supposed decedent is in fact alive; after
which revocation all the powers of the administrator shall cease, but
all receipts or disbursements of assets, and other acts previously done
by him, shall remain as valid as if said letters were unrevoked ; and the
administrator shall settle an account of his administration down to the
time of such revocation, and shall transfer all assets, remaining in his
hands, to the person, as whose administrator he acted, or to his duly
authorized agent or attorney, provided, nothing in this act contained
shall validate the title of any person to any money or property received
as widow, next of kin or heir of such supposed decedent, but the same
may be recovered from such person, in all cases in which such recovery
would be had, if this act had not been passed.

Provided, further, that before any distribution of the proceeds of
the estate of such supposed decedent, the persons entitled to receive the
same shall respectively give sufficient real or personal security, to be
approved by the court having jurisdiction, in such sum and form as the
court shall direct, with condition, that if the said supposed decedent
shall in fact be at the time alive, they will respectively refund the
amounts received by each on demand with interest thereon; but if the
person or persons entitled to receive the same is or are unable to give
the security aforesaid, then the money shall be put at interest, on
security approved by said court, which interest is to be paid annually to
the person entitled to it, and the money to remain at interest until the
security aforesaid is given, or the court, on application, shall order it to
be paid to the person or persons entitled to it.

6. After revocation of the letters, the person erroneously supposed
to be dead may, on suggestion filed of record of the proper fact, be
substituted as plaintiff in all actions brought by the administrator,
whether prosecuted to judgment or otherwise. He may, in all actions
previously brought against his administrator, be substituted as defen-
dant, on proper suggestion filed by himself, or of the plaintiff therein,
but shall not be compelled to go to trial in less than three months from
the time of such suggestion filed. Judgments recovered against the ad-
ministrator, before revocation as aforesaid of the letters, may be opened,
on application by the supposed decedent made within three months
from the said revocation, and supported by affidavit, denying specifi-
cally, on the knowledge of the affiant, the cause of the action, or specifi-
cally alleging the existence of facts which would be a valid defense ; but,
if within the said three months, such application shall not be made, or
being made, the facts exhibited shall be adjudged an insufficient defense,
the judgment shall be conclusive to all intents, saving the defendants
right to have it reviewed, as in other cases, by certiorari, appeal or writ
of error. After the substitution of the supposed decedent as defendant
in any judgment, as aforesaid, it shall become a lien upon his real estate
in the county or city, and shall so continue as other judgments, unless
and until it shall be set aside by the court below, or reversed in the
ae court.

The costs, attending the issue of letters or their revocation, shall
be aid out of the estate of the supposed decedent; and costs, arising
wpon an application for letters which shall not be granted, shall be paid
by the applicant.