Chap. 48.—An ACT to amend and re-enact Sections 5334, and 5335 as amended,
of the Code of Virginia, relating to lands of persons under disabilities, and to
further amend the Code of Virginia by adding thereto a new section, numbered
5334-a, making certain provisions of Chapter 217 of the Code applicable to the
lands of certain ex-service persons. [H B 9]

Approved February 26, 1946

Be it enacted by the General Assembly of Virginia:

1. That section fifty-three hundred thirty-four, and fifty-three hun-
dred thirty-five, as amended, of the Code of Virginia, be amended and re-
enacted, and that the Code of Virginia be further amended by adding
thereto a new section, numbered fifty-three hundred thirty-four-a, the
amended and new sections being as follows:

Section 5334. How leases on behalf of persons under certain dis-
abilities may be made——When an infant or insane person or an ex-
service person for whom a trustee has been appointed under provisions
of section ten hundred fifty-a of the Code as same has been or in the
future is amended is entitled to or bound to renew any lease, any per-
son on behalf of such infant or insane or ex-service person, or any
person interested, may apply by petition or motion in a summary way to
the circuit court of the county or circuit or corporation court of the cor-
poration in which the land leased, or some part thereof lies, and by the
order of the court any person appointed by it may, from time to time,
surrender or accept a surrender of such lease, or take or make a new
lease of the same premises for such term and with such provisions as the
court directs. Such reasonable sums as are incurred to renew any such
lease shall, with interest thereon, be paid out of the profits of the lease-
hold premises, and be a charge thereon until payment.

Section 5335. By whom bill may be filed for sale or encumbrance,
etc., of lands of certain classes of persons under certain disabilities or of
lands held in trust, under certain circumstances; what to state; how
verified ; who to be made defendants.—If the guardian of any infant or
the committee of any insane person, or the trustee or trustees of any
estate, or the trustee of any ex-service person appointed under provisions
of section ten hundred fifty-a of the Code as same has been or is in the
future amended, or executors, or administrators with the will annexed, or
curator of the will of any decedent or any person interested in the subject
matter, whether he or they be interested with others or not, think that
the interest of the infant, insane person or those for whom the estate is
held or such ex-service person will be promoted by a sale or encumbrance
of his or their estate, in whole or in part, or by an exchange of his or
their estate for other real estate, or by the redemption or recovery there-
of pursuant to the provisions of an Act of Congress, approved June
thirteenth, nineteen hundred thirty-three, known as the Home Owners’
Loan Act of nineteen hundred thirty-three, or by encumbering such real
estate for the purpose of borrowing money to pay debts, or to educate or
support such infant or to preserve the estate or to be used to erect build-
ings or other improvements on same; or if such guardian, committee,
trustee or trustees, or trustee of any such ex-service person, executor or
executors, person or persons interested in any estate in trust, think that
the interest of such infant, insane person, ex-service person or other
person or persons for whom such estate is held, or to whom such estate
belongs, will be promoted by the sale thereof or of the timber, coal, oil,
gas and minerals on or in the real estate, or by a lease of such real estate
or any part thereof for a term of years or by a lease of the coal, oil, gas
and minerals thereof, or of any or either of them; such guardian, com-
mittee, trustee of any such ex-service person, trustee or trustees, execu-
tor, or beneficiary or beneficiaries, whether the estate of the infant, in-
sane person, ex-service person, or of any of the persons interested, be
absolute or limited, and whether there be or be not limited thereon any
other estate, vested or contingent, and whether the guardian, committee,
trustee or trustees, executor, or the infant, or insane person, ex-service
person, or any of the persons interested, reside in this State or not, may,
for the purpose of obtaining such sale, exchange, redemption or recovery
or encumbrance, or making such lease, file a bill in equity or a petition
in any pending suit in the circuit court of the county or chancery, circuit
or corporation court of the corporation in which the estate proposed to be
sold, exchanged, encumbered or leased, or some part thereof is stating
plainly all of the estate, real or personal, belonging to the infant or in-
sane, ex-service, or other person, or to be redeemed or recovered for
his benefit pursuant to the provisions of such act of Congress, or so held
in trust, and all the facts calculated to show the propriety of the sale, ex-
change, redemption or recovery, encumbrance or lease and when the
object is to encumber the estate, such other facts as are required by sec-
tion fifty-three hundred forty.

The bill or petition shall be verified by the oath of the plaintiff, and
there shall be made parties defendant (when not plaintiff or plaintiffs)
to such bill or petition the infant or insane person or persons or ex-serv-
ice person, the beneficiary or beneficiaries in such trust, the trustee or
trustees, the executor or executors, the administrator or administrators
with the will annexed, the curator or curators, all those who would be
the heirs or distributees of the infant or insane or ex-service defendant
or defendants, if all such defendants were dead, the committee of any in-
sane defendant, the guardian of any infant defendant, the trustee of any
such ex-service person who is defendant, if any such committee, guardian
or trustee has already been appointed, and all others interested.

Section 5334-a. Provisions made applicable to lands of certain ex-
service persons.—All the provisions of this chapter with respect to the
lands of insane persons and rights and interests therein are hereby made
applicable to the lands of incompetent ex-service persons for whom a
trustee has been appointed under section ten hundred fifty-a of the Code
of Virginia; and the procedure for the rental or sale of the lands of such
ex-service persons, and the disposition of the proceeds of the rental or
sale thereof, shall be the same as provided in this chapter for the sale or
rental of lands of insane persons.