CHAPTER 211

AN ACT to amend and reenact § 26-6 of the Code of 1950 relat-
ing to entry of judgment or decree against a personal repre-
sentative in certain cases, so as to enlarge the scope of the

section.
[ H 464 ]
Approved March 14, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 26-6 of the Code of 1950 be amended and reenacted
as follows:

§ 26-6. A judgment or decree against any person, as the
personal representative of a decedent or committee of a convict
or an insane person, or of a person adjudged incapable of caring
for his person or property, in accordance with the provisions of
§ 87-140 or incompetent under provisions of § 37-141, or of any
provision of law now or hereafter enacted under which a com-
mittee may be appointed, for a debt due from such decedent, con-
vict, or insane person, or from any person adjudged incompetent
under provisions of § 87-140, or § 37-141, or any other statute
for appointment of a committee now or hereafter enacted, may,
without taking an account of the transactions of such represen-
tative or committee, be entered to be paid out of the personal
estate of such decedent, convict, * insane person or other incom-
petent in, or which shall come to, the hands of the representa-
tive or committee to be administered. When the court enters of
record that if the fiduciary had prudently discharged his duty,
the * proceeding would not have been brought, * the judgment or
decree, so far as it is for costs, shall be entered to be paid out of
his own estate.

2. An emergency exists and this act is in force from passage.