Chap. 124.-An ACT to amend and re-enact section 6299 of the Code of Virginia
relative to notice of motion for the appointment of a trustee in place of one
who is dead, resigned, removed or declined the trust. [S B 33]

Approved March 9, 1932
1. Be it enacted by the general assembly of Virginia, That sec-
tion sixty-two hundred and ninety-nine of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 6299. A motign under the preceding section shall be
aite@beasonable notice t&Séll persons interested in the execution of
the trust other than the plaintiff in such motion, and if any of thé
parties on whom such notice is required to be served be under twenty-
one years of age, the court or clerk shall appoint some discreet and
competent attorney at law as guardian ad litem to such infant defend-
ant, on whom notice may be served. 1f any such party should be insane
or a convict, the notice shall be served on his committee, if any, but Tf,
none, a guardian ad litem shall be appointed for him in the manner
hereinbefore provided for appointment of a guardian ad litem for an

infant. No notice need be given to a trustee who has removed from
the State, deglined to accept the trust, 6 § resigned, nor to the
persqnal representaliy ative of one who is dead. |

In the case of the substitution o e trustee or trustees in a deed

of trust, securing the payment of indebtédhess it shall be necessary to
give notice of the motion only _to the trustee, (unless notice to him
is dispensed with as aforesaid), the beneficiaries appearing of record
or known to the plajntiff in such moti the debtor oF qebIOEs men ts men-
tioned in the deed of trust, the person or ops if any, who may be
shown by the deed records to Pave nested pay payment of the indebted-

ness in wholeor in part, and the person or persons in whom the
equitable title to the property conveyed by the deed_of trust is vested
at the time of the motion as shown by the said records, and in such
case WHEMTHEHOTICS Of MONO in wiitiny stall have bear filed in the
clerk’s office of the court having jurisdiction as defined in section
sixty-two hundred and ninety-eight of the Code, service of such no-
tice as to all parties mentioned in section six thousand and sixty-
nine may be made in conformity with the provisions of sections six
thousand sixty-nine, six thousand and seventy, six thousand and sev-
enty-one, six thousand and seventy-two, and six thousand and seventy-
three-a of the Code.

Any decree or order heretofore made in any case by a court of
competent jurisdiction is hereby validated.

Nothing herein contained shall be construed as preventing a court
of equity from substituting a trustee in a suit instituted for that pur-
pose.