Chap. 407.—An ACT to amend and re-enact section 3419, as amended by an act
entitled “an act to amend and re-enact section 3419 of chapter 167 of the Code
of 1887, in reference to the powers of a personal representative of a dead trus-
tee,” approved February 7, 1890, and by an act approved March 7, 1898, and
section 3426, as amended by an aet entitled “an act to amend and re-enact sec-
tion 3426 of the Code of Virginia of 1887, in relation to interlocutory decrees
and orders,” approved February 12, 1894, and by an act approved January 27,
1896, and by an act approved March 3, 1898.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That section
thirty-four hundred and nineteen, as amended by an act entitled “an act
to amend and re-enact section thirty-four hundred and nineteen of chap-
ter one hundred and sixty-seven of the Code of eighteen hundred and
eighty-seven, in reference to the powers of a personal representative of
a dead trustee.” approved February seventh, eighteen hundred and
ninety, and by an act approved March seventh, eighteen hundred and
ninety-cight, and section thirty-four hundred and twenty-six, as amended
by an act entitled “an act. to amend and re-enact section thirty-four hun-
dred and twenty-six of the Code of Virginia of eighteen hundred and
eighty-seven, in relation to interlocutory decrees and orders,” approved
February twelfth, eighteen lmndred and nincty-four, and by an act ap-
proved January twenty-seventh, eighteen hundred and ninety-six, and
by an act approved March third, eighteen hundred and ninety-eight, be
amended and re-enacted so as to read as follows:

§ 3419. How trustee appointed in place of one who is dead, resigned,
removed, or declined the trust—When a trustee in a will, deed, or other
writing, dies, or removes beyond the limits of the State, or declines to
accept the trust, or when, having accepted, he resigns the same, as he
may be allowed to do, the circuit court of the county or the circuit, cor-
poration, hustings, or other court of the corporation, in which such will
was admitted to probate, or such deed or other writing is, or might have
been recorded, may, on motion of any person interested, appoint a trus-
tee or trustees in the place of the trustec named in such instrument. A
motion under this section shall be after reasonable notice to all parties
interested in the execution of the trust other than the plaintiff in such
motion. Until a trustee or trustees shall on such motion be so appointed,
the personal representative of the deceascd trustee, if the deceased trustee
was a sole trustec, the surviving trustee or trustees, if there be more than
one trustee, or the remaining trustee or trustees, if there were more than
one trustee, and one or more of them removes or remove beyond the
limits of this State, declines or decline to accept the trust, or having ac-
cepted, resigns or resign, shall execute the trust, or so much thereof aa
remained unexecuted at the death, removal beyond the limits of the
State, declination to accept the trust, or registration after acceptance of
such trust (whether the trust subject be real or personal estate), unless
the instrument creating the trust direct otherwise, or some other trustee
be appointed for the purpose by the court of chancery having jurisdic-
tion of the case. This section shall not apply to any case provided for by
section fourteen hundred and twenty-three.

§ 3426. Interlocutory decrees and orders in vacation—On the motion
of any party to a chancery cause pending in a circuit court on ten days’
notice to the adverse party or his counsel, the judge of such court may,
in vacation, make any interlocutory decree or order, or direct any pro-
ceedings therein preparatory to the hearing of the cause on the merits;
and may, also, after like notice to the adverse party or his counsel, and
to the purchaser or renter, make an order confirming or refusing to con-
firm a sale or renting made under a decree in any such case; and in case
of a refusal to confirm a sale or renting, the judge may order a re-sale
or re-renting, or release, as the nature of the case may require; and may
also, after like notice to the purchaser or his assigns, order a re-sale of
any real estate or other property made under a decree in.any chancery
cause, for default in the payment of the purchase money, or any part
thereof, or the interest due thereon. In all cases of confirmation, re-
renting, and re-sale, the judge shall have the authority to convene before
him all necessary parties and to make all orders necessary to carry the
same into effect, and any circuit or corporation court may at any time
during vacation appoint a commissioner to convey title to any purchaser

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of a tract of land sold in any chancery proceedings, who shall have fully
paid for the same; but in case of any such order made in vacation for
such title, such order shall provide that the receiver or commissioner who
has collected the purchase money for the same shall unite in said deed,
acknowledging receipt of the purchase money for the said land in full.

2. This act shall be in force on and after February first, nineteen hun-
dred and four.