Chap. 373.—An ACT to amend and re-enact section 5161 of the Code of Vir-
ginia, relating to the sale and leasing of contingent and other estates; pro-
cedure; validating proceedings and sales in certain suits in equity heretofore
instituted. [H B 326]

Approved March 24, 1930

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

Section 5161. Whenever property, real or personal, is held by an
adult person with remainder or limitation over contingent upon any
event, or for his life or for the life of another, and there is limited
thereon any other estate, vested or contingent to any other person,
natural or artificial, whether in being or to be hereafter born or created
in any manner whatsoever, such adult person holding the property
so subject to remainder or limitation over or for his own life, or his
committee, or if the estate so held be for the life of another, then
his heir or personal representative, as the case may be, may for the pur-
pose of obtaining a sale or leasing of the fee simple interest, or
absolute estate in such property, if the sale or leasing thereof is not
prohibited by the instrument creating the estate and the remaindermen,
or any of them, whether in being or hereafter to be born or created,
are, from any cause incapable at the time of filing the bill as herein
provided of giving their assent, or the remainder or limitation over is
contingent or defeasible file a bill in equity in the circuit court of the
county, or the circuit court, corporation, or any city court having
equity jurisdiction of the city, in which the estate proposed to be
sold or leased, or some part thereof may be, stating plainly the prop-
erty to be sold or leased, and all facts calculated to show the propriety
of such sale or lease. A like bill may be filed in the like court for the
sale or leasing of the remainder in such estate by a remainderman,
his guardian or committee. The bill shall be verified by the oath of
the plaintiff and all persons interested in the property presently or
contingently, other than the plaintiff shall be made defendants, and if
such remaindermen be not in being born or created at such time o
filing such bill, such suit shall not for this cause abate, but the cour
shall upon filing such bill appoint a guardian ad litem to defen
the interest of such unborn person or uncreated artificial per
son which such person, natural or artificial, shall be made defendan
by the name of “person unknown or person yet to be born or created,’
and if it be clearly shown independently of any admissions in th
pleadings that the interest of the plaintiff will be promoted and th
rights of no other person will be violated thereby, the court may
decree a sale or leasing of the said property or any part thereof, o1
of the remainder therein, taking for the purchase money in case o:
sale on credit, ample security, and if such sale be of real estate, re
taining a lien thereon unless the sale shall be for cash. The decre
rendered in such suit shall be binding upon all persons natural. o1
artificial, who may be born or created thereafter and become interestec
in the said estate in like manner and to the like extent as it is upon the
parties to the said suit.

The procedure in such suit and the investment of the proceeds o:
sale shall be in accordance with sections fifty-three hundred and thirty-
seven, fifty-three hundred and thirty-nine, fifty-three hundred anc
forty-one, and fifty-three hundred and forty-two of the Code of Vir-
ginia, so far as the same can be made applicable, and the court may.
in its discretion, commute the life estate according to section fifty-
one hundred and thirty-one of the Code of Virginia. In the case of a
lease, however, the rents may be made payable direct to the person
or persons entitled thereto, for the time being.