Chap. 333.—An ACT to amend and re-enact section 8 of chapter 174 of
the Code of Virginia (edition of 1873), in relation to Trustees.

Approved March 31, 1875.

1. Be it enacted by the gencral assembly, That the eighth
section of chapter one hundred and seventy-four of the Code
of Virginia (edition of cighteen hundred and seventy-three),
be amended and re-enacted so as to read as follows:

§ 8. In a suit in equity in which it appears that a trustee
has died, althougb the heirs of such trustee be not parties
to the suit, yet if his personal representatives and the other
persons interested be parties, the court may appoint another
trustee in the place of him who died, to act cither alone or
in conjunction with any surviving trastee, as the case may
require; and in any case, when a trustee, and when there is
more than one, all the trustees in any deed of trust shall
have died, or removed beyond the limits of the state, or shall
decline to accept the trust, or where, having accepted, it is,
in the opinion of the court, clearly for the benefit of the
trust, to allow the trustee to resign, having first made a final
settlement of his accounts, as such trustee, any person in-
terested in the execution of the deed, may apply by motion
to the circuit, county, or corporation court of any county or
corporation in which such deed is recorded, who may ap-
point a trustee or trustees in the place of the trustee or trus-
tees named therein; and the trustee or trustecs so appointed
and accepting the same, shall be substituted to all the rights,
powers, duties, and responsibilities of the trustee named in
the deed: provided, that the grantors and grantee in said
deed, their heirs or personal representatives, the creditor,
surety or other persons intended to bo secured thereby, or
their personal representatives, shall have ten days’ notice of
such motion—the mode of serving which shall be as pre-
scribed in the first, and second sections of chapter one hun-
dred and sixty-three.

2. This act shall be in force from its passage.