Chap. 340.—An ACT to amend the Code of Virginia by adding thereto a new
section numbered 5393-a, relating to the powers of surviving executors and of
administrators with the will annexed. [H B 285]

Approved March 27, 1936

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section num-
bered fifty-three hundred and ninety-three-a, which new section shall
read as follows:

Section 5393-a. Powers of surviving executors and administrators
with the will annexed—Where discretionary powers are conferred
upon the executors of any will heretofore or hereafter executed, and
some but not all of such executors die, resign or become incapable of
acting, the executors or executor remaining shall thereafter exercise
the discretionary powers given in such will, unless it be expressly
provided in such will that the discretionary powers cannot be exer-
cised by any number less than all of the original executors named.

Where discretionary powers are conferred upon the executors of
any will heretofore or hereafter executed, and all of the executors
named in such will die, resign or become incapable of acting, or
where there is only one executor named and such sole executor dies,
resigns or becomes incapable of acting, then in such event the admin-
istrators with the will annexed or administrator with the will annexed
appointed by the court shall exercise the discretionary powers vested
in the original executors or executor, unless the discretionary powers
in such will are by express language limited or restricted to the exec-
utors or executor named therein.

And where any will heretofore executed or hereafter executed
gives to the executor or executors named therein power to sell the
testator’s real estate and such executor or executors die, resign or
become incapable of acting and an administrator or administrators
with the will annexed are appointed, such administrator or adminis-
trators with the will annexed shall have power to sell such real
estate unless it is expressly provided to the contrary in such will.