Chap. 63.—An ACT to amend and re-enact section 5321 of the Code of Vie Do }
Approved February 26, 1924.

1. Be it enacted by the general assembly of Virginia, That section
fifty-three hundred and twenty-one of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 5321. Disbursements by guardians and other fiduciaries;
in what cases disbursements beyond income allowed.—No disburse-
ments shall be allowed to any guardian, where the deed or will under
which the estate is derived does not authorize it, beyond the annual
income of the ward’s estate, until the court before which the accounts
of the guardian may be settled shall authorize the same, and such au-
thority shall not be given except where the court shall be satisfied that
such expenditure would be judicious and proper.

Any guardian who may desire to spend more than the annual income
of his ward’s estate for any purpose, or any fiduciary holding funds for
the benefit of infants who may desire to spend any portion of said funds
for the benefit of their beneficiary, shall file a petition in the court
wherein his accounts may be settled, setting forth the reason why it is
necessary to make such expenditure, to which petition his ward or wards,
beneficiary or beneficiaries, shall be defendants. The court shall ap-
point a guardian ad litem to represent the infants, and proceedings on
said petition shall otherwise conform in all respects to a bill in chancery,
except that the petition may be filed in court upon five days’ notice to.
said infant, and evidence may be taken orally. No attorney’s fees shall
be taxed in the costs, nor shall there be any writ tax upon said petition.
The clerk shall receive a fee of one dollar for all services rendered there-
on, to be paid by the guardian or other fiduciary out of said estate.
The notice required to be served under this section may be served by
any person other than the guardian.