Chap. 302.—An ACT to provide for the distribution in chancery causes, upon the
giving of a refunding bond, of estate to which a person other than the distribu-
tee or distributees may be entitled if alive. [H B 329]

Approved March 20, 1924.

1. Be it enacted by the general assembly of Virginia, That if in
any chancery cause wherein any estate or fund is to be distributed, the
interest of any person therein depends upon his having been alive at a
particular time, and it 1s not known and cannot be shown by the exercise
of reasonable diligence whether such person was alive at that time, and
the case is one in which the legal presumption of death from absence
does not apply, the court may, if it sees no cause to the contrary, enter
its decree distributing the said estate or fund among those who would be
entitled thereto if it were shown that such person above referred to were
dead at such particular time; provided, however, that a proper refunding
bond be given with condition to account for the said estate or fund to
any person who may establish title thereto adverse to that of the said
distributees, or to the heirs, personal representatives or assigns of such

erson.
P 2. This act shall apply to causes heretofore brought and pending at
the date when this act goes into effect, but no motion shall be made
hereurder except after reasonable notice to all parties upon whom ser-
vice may be had; nothing in this act shall be construed to affect in any
way any requirement of Jaw as to service or publication of process.