Chap. 355.—An ACT to amend and re-enact section 3419 of chapter 167 of
the Code of 1887, relating to the appointment of trustees, as amended by
an act approved February 7, 1890, as amended by an act approved March
2, 1898, as amended by an act approved December 10, 1903, entitled a2
act to amend and re-enact section 3419, as amended by an act entitled an
act to amend and re-enact section 3419 of chapter 167 of the Code of
1887, in reference to the powers of a personal representative of a dead
trustee, approved February 7, 1890, and by an act approved March 7,
1898, and section 3426, as amended by an act entitled an act to amend
and re-enact section 3426 of the Code of Virginia of 1887, in relation to
interlocutory decrees and orders, approved February 12, 1894, and by
an act approved January 27, 1896, and by an act approved March 3, 1898.

Approved March 17, 1910.

1. Be it enacted by the general assembly of Virginia, That section
thirty-four hundred and nineteen of the Code of Virginia, amended by
an act approved February seventh, eighteen hundred and ninety, as
amended by an act approved March second, eighteen hundred and ninety-
eight, as amended by an act approved December tenth, nineteen hundred
and three, be amended and re-enacted so as to read as follows:

$3419. How trustee appointed in place of one who is dead, resigned,
removed, or declined the trust—When a trustee in a will, deed, or other
writing, dies or removes beyond the limits of the State, or declines to
accept the trust, or when, having accepted, he resigns the same, as he
may be allowed to do, the circuit court of the county or the circuit, cor-
poration, hustings, or other court of the corporation in which such will
was admitted to probate, or such deed or other writing is, or might have
been recorded, or the clerk of any of said circuit courts in vacation may,
on motion of any person interested, appoint a trustee or trustees in place
of the trustee named in such instrument. A motion under this section
shall be after reasonable notice to all parties interested in the execution
of the trust other than the plaintiff in such motion; and if any of the
parties on whom such notice is required to be served be insane or under
twenty-one years of age, the court, or clerk, shall appoint some discreet
and competent attorney at law as guardian ad litem to such insane or
infant defendant, on whom notice may be served. Until a trustee or
trustees shall on such motion be so appointed, the personal representative
of the deceased trustee, if the deceased trustee was a sole trustee, the sur-
viving trustee or trustees, if there be more than one trustee, or the
remaining trustee or trustees, if there were more than one trustee, and
one or more of them removes or remove beyond the limits of this State,
declines or decline to accept the trust, or having accepted, resigns or re-
sign, shall execute the trust, or so much thereof as remained unexecuted
at the death, rmoval beyond the limits of the State, declination to accept
the trust, or resignation after acceptance of such trust (whether the trust
subject be real or personal estate), unless the instrument creating the
trust direct otherwise, or some other trustee be appointed for the purpose
by the court of chancery having jurisdiction of the case. This section
shall not apply to any case provided for by section fourteen hundred and
twenty-three. .

2. An emergency existing, this act shall be in force from its passage.
580 ACTS OF ASSEMBLY.