Chap. 2.—An ACT to amend and re-enact Sections 5247, 5249 and 5316 of
the Code of Virginia, as heretofore amended, in relation to the probate of
wills, and the appointment and qualification of appraisers of estates, admin-
istrators, executors, curators, and guardians. [H B 60]

Approved February 18, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions fifty-two hundred and forty-sevén, fifty-two hundred and forty-
nine, and fifty-three hundred and sixteen of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as fol-
lows:

Section 5247. The circuit and corporation courts of the Com-
monwealth, and the clerks of said courts, and the duly qualified deputies
of such clerks, and the clerks of all other courts having jurisdiction
of the probate of wills shall have jurisdiction of the probate of wills
according to the following rules: In the county or corporation where-
in the decedent has a mansion house or known place of residence; if
he has no such house or known place of residence, then in a county
or corporation wherein any real estate lies that is devised or owned by
the decedent; and if there be no such real estate, then in a county or
corporation wherein he dies or a county or corporation wherein he
has estate; provided, however, that in the city of Richmond the chan-
cery court and the hustings court, part two, of said city, and the clerk
of the hustings court, part two, and the duly qualified deputies of
such clerk, shall have such jurisdiction which shall be exercised in the
manner heretofore provided by law.

Section 5249. The clerk of any circuit or corporation court, or the
clerk of the hustings court, part two, of the city of Richmond, or the
clerk of any other court having jurisdiction of the probate of wills,
other than the clerks of the of the circuit court and the several corpora-
tion courts of the city of Richmond with the exception of hustings court,
part two, or any duly qualified deputy of any such clerk, may appoint ap-
praisers of estates ot decedents, admit wills to probate, appoint and quali-
fy executors, administrators and curators of decedents, and require and
take from them the necessary bonds in the same manner and with like
effect as the court could do if in session. Such powers and duties may
be exercised and discharged as well during the sessions of the court
as at other times. ,

Such clerk shall keep an order book, in which shall be entered
all orders made by him, or his deputy, respecting the subjects afore-
said. Any person interested may, within six months after the enter-
ing of such an order, appeal therefrom as a matter of right, without
giving any bond to the court whose clerk, or deputy, has made the
order. Upon application being made for such appeal, the said clerk,
or deputy, shall enter forthwith in his said order book an order allow-
ing such appeal, and docket the same as a preferred cause for trial
at the next term of the court. The said court at any term, shall hear
and determine the matter as though it had been presented to the said
court in the first instance, and shall cause a copy of the order on the
order book of the court embracing its final action to be copied by the
clerk, or deputy, into his order book. At any time after such appeal
is allowed the said court, or the judge thereof in vacation, may make
any such order for the protection of the parties interested or for the
protection or preservation of any property involved as might have been
made had the matter been originally presented to the court, or as may
seem needful. All wills heretofore admitted to probate by any duly
qualified deputy clerk of any court of competent jurisdiction shall be
deemed to have been properly admitted to probate to the same extent
as if the clerk had acted in the proceeding.

Section 5316. The circuit court of any county or the circuit or
corporation court of any city, except the city of Richmond, or the
clerk of such court or judge thereof in vacation, in which any
minor resides, or, if he be a resident out of the State, in which he has
any estate, may appoint a guardian for him, unless he have a guardian
appointed as aforesaid by his father or mother. In the city of Rich-
mond the chancery court and hustings court, part two, of said city
and the judges thereof in vacation, and the clerk of the hustings
court, part two, and the duly qualified deputies of such clerk, shall have

such power.