Chap. 293.—An ACT to amend and re-enact Section 5321 of the Code of Virginia,
as amended, relating to disbursements by guardians and other fiduciaries for
infants. [H B 159]

Approved March 26, ‘1946

Be it enacted by the General Assembly of Virginia:

1. That section fifty-three hundred twenty-one, of the Code of
Virginia, as amended, be amended and re-enacted, as follows:

Section 5321. Disbursements by guardians and other fiduciaries;
in what cases disbursements of funds of infants beyond income allowed.—
No disbursement shall be allowed to any guardian, when the deed or will
under which the estate is derived does not authorize it, beyond the an-
nual income of the ward’s estate, until the court before which the ac-
counts of guardians may be settled or the judge thereof in vacation au-
thorizes same and such authority shall not be given except when the.
court or judge is satisfied that such expenditure would be judicious and
proper.

Any guardian who desires to spend more than the annual income
of his ward’s estate for any purposes, or any fiduciary holding funds for
the benefit of any infant who desires to spend any portion of the funds
for the benefit of his beneficiary, shall file a petition in the court wherein
his accounts may be settled or before the judge thereof in vacation, setting
forth the reasons why it 1s necessary to make such expenditure, to which
petition every such ward or beneficiary shall be a defendant. The court
or judge in vacation shall appoint a guardian ad litem to represent every
such infant, and proceedings on the petition shall otherwise conform in
all respects to a bill in chancery except that the petition may be filed in
court or before the judge in vacation upon five days’ notice to the infant
unless it be shown that he is under the age of fourteen and the evidence
may be taken orally. No attorney’s fees shall be taxed in the costs, nor
shall there be any writ tax upon the 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 the estate. The notice when required
to be served under this section may be served by any person other than
the guardian.