Chap. 356.—An ACT to amend and re-enact section 5335 of the Code of Vir-
ginia as amended by acts of assembly of 1922, chapter 113. [H B 247]

Approved March 24, 1930

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

Section 5335. By whom bill may be filed for sale or encumbrance
of lands of such persons, or lands held in trust; what to state: how
verified; who to be made defendants.—If the guardian of any infant
or the committee of any insane person, or the trustee or trustees of any
estate, or executors or administrators with the will or curator annexed
of any decedents will or any person interested in the subject matter,
whether he or they be interested with others or not, think that the inter-
est of the infant, insane persons or those for whom the estate is held
will be promoted by a sale or encumbrance of his or their estate,
in whole or in part, or by an exchange of his or their estate for other
real estate; or by encumbering such real estate for the purpose of
borrowing money to pay debts, or to educate or support infants or to
preserve the estate or to be used to erect buildings or other improve-
ments on the same; or if such guardian, committee, trustee or trustees,
executor or executors, person or persons interested in any estate in trust,
think that the interest of such infant, insane person or other person or
persons for whom such estate is held, or to whom such estate belongs,
will be promoted by the sale thereof or of the timber, coal, oil, gas and
minerals on or in the real estate, or by a lease of such real estate, or
any part thereof, for a term of years; or by a lease of the coal, oil,
gas and minerals thereof, or of any or either of them; such guardian,
committee, trustee or trustees, executor, or beneficiary or beneficiaries,
whether the estate of the infant, insane person, or of any of the per-
sons interested, be absolute or limited, and whether there be or be not
limited thereon any other estate, vested or contingent, and whether the
guardian, committee, trustee or trustees, executor, or the infant, or
insane person, or any of the persons interested, reside in this State
or not, may, for the purpose of obtaining such sale, exchange, or en-
cumbrance, or making such lease, file a bill in equity or a petition in any
pending suit in the circuit court of the county or chancery, circuit or
corporation court of the corporation in which the estate proposed to be
sold, exchanged, encumbered or leased, or some part thereof, may be,
stating plainly all of the estate, real or personal, belonging to such in-
fant or insane or other person or so held in trust, and all the facts
calculated to show the propriety of the sale, exchange, encumbrance
or lease, and where the object is to encumber the estate, such other
facts are as required by section fifty-three hundred and forty.

_ The bill or petition shall be verified by the oath of the plaintiff,
and there shall be made parties defendant (when not plaintiff or plain-
tiffs) to such bill or petition the infant or insane person or persons, the
beneficiary or beneficiaries in such trust, the trustee or trustees, the
executor or executors, the administrator or administrators with the
will annexed, the curator or curators, all those who would be the heirs
or distributees of such infant or insane defendant or defendants, if all
such infant or insane defendants were dead, the committees of any
insane defendants, and the guardians of any infant defendants if any
such committees or guardians have already been appointed, and all
others interested.