Chap. 39.—An ACT to amend and re-enact section 5321 of the Code of Virginia,
as heretofore amended, relating to disbursements by guardians and other

fiduciaries. [Hi B 12]
Approved February 21, 1928

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

Section 5321. No disbursement 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 or judge thereof in vacation, before which the accounts
of the guardian may be settled shall authorize the same, and such
authority shall not be given except where the court or judge
thereof in vacation, shall be satished 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 purposes, or any fiduciary hold-
ing 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 or before the judge thereof in vacation, wherein
his accounts may be settled, setting forth the reason why it is neces-
sary to make such expenditure, to which petition his ward or wards,
beneficiary or beneticiaries, shall be defendants. The court, or
Judge thereof in vacation, shall appoint a guardian ad litem to
represent the infants, and proceedings on said petition shall other-
wise conform in all respects to a bill in chancery except that the
petition may be filed in court, or before the judge thereof in vaca-
tion, upon five days’ notice to said infant, and evidence nay 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 thereon, 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.