Chap. 342.—An ACT to amend and reenact Section 5321, as amended, of the
Code of Virginia, relating to disbursements by guardians and other fiduciaries.

[H 363]
Approved March 31, 1948

Be it enacted by the General Assembly of Virginia:

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

Section 5321. Disbursements of guardians and other fiduciaries;
in what cases disbursements of funds of infants beyond income allowed.
—wNo disbursement shall be allowed to any guardian, when the deed or
will under which the estate is derived does not authorize it, beyond the
annual income of the ward’s estate, until the court before which the
accounts of guardians may be settled or the judge thereof in vacation
authorizes same and such authority shall not be given except when the
court or judge is satisfied that such expenditure would be judicious and

roper.
P ahny 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 is 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 court or
judge may in its or his discretion fix reasonable attorneys fees for
services in connection with the filing of such 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.