Chap. 438.—An ACT to amend and re-enact section 2533 of the Code of Virginia,

as amended by an act approved March 7, 1894, and to amend and re-enact. sec-
tions 2534 and 2538 of the Code of Virginia, and to amend section 2547 of the
Code of Virginia, as amended by an act approved February 23, 1898, in rela-
tion to the jurisdiction of the probate of wills.

Approved December 12, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
twenty-five hundred and thirty-three, as amended by act approved March
seventh, eighteen hundred and ninety-four; twenty-five hundred and
thirty-four, twenty-five hundred and thirty-cight, and twenty-five hun-
dred and forty-seven of the Code of Virginia, as amended by act ap-
proved February twenty-three, eighteen hundred and ninety-cight, he
amended and re-enacted so as to read as follows:

$ 2533. Jurisdiction of probate of wills—The circuit: courts of the
Commonwealth, and the clerks of the cirewit courts of the counties, and
the city or corporation courts of the several cities in the Commonwealth,
shall have jurisdiction as to the probate of wills according to the follow-
ing rules—that is to say: In the county or corporation whercin the de-
cedent has a mansion house or known place of residence; if he has no

85
such house or place of residence, then in a county or corporation wherein
any real estate lies that is devised or owned by the decedent; and if there
be no such real estate, then in the county or corporation wherein he dies.
or a county or corporation wherein he has estate.

§ 2534. Appointment of curator; when made; his duties.—Such court
or clerk may appoint a curator of the estate of a decedent during a con-
test about his will, or during the infancy, or in the absence of an execu-
tor, or until administration of the estate be granted, taking from him
bond in a reasonable penalty. The curator shall take care that the estate
is not wasted before the qualification of an executor or administrator, or
before such estate shall lawfully come into possession of such executor or
ddministrator. He may demand, sue for, recover, and receive all debts
due to the decedent, and all his other personal estate, and likewise may
lease or receive the rents and profits of any real estate whereof the dece-
dent or testator may have died seized or possessed lying within the limits
of the county or corporation from the court of which said curator may
have received his appointment. He shall pay debts, so far as such pay-
ment may not affect the priority in the order of payment prescribed by
law, and may be sued in like manner as an executor or administrator :
and upon the qualification of an executor or administrator shall account
with him for and pay and deliver to him such estate as he has in his hands
or may be liable for.

§ 2538.—Person offering will for probate may have persons interested
cited to appear.—A person offering or intending to offer to a circuit court,
or the clerk thereof, or to a corporation court a will for probate, may ob-
tain from the clerk of such court process directed to the proper officer
of any county or corporation, requiring him to summon any person inter-
ested in such probate, to appear at the next term of such court, or before
such clerk, on a day named in said summons, to show cause why the said
will should not be admitted to record.

§ 2547. Wills to be recorded, and so forth; provision for recording
copies.—Every will or authenticated copy admitted to record by any court
or by the clerk of any circuit court shall be recorded by the clerk and re.
main in the clerk’s office, except during such time as the same may be
carried to another court under a subpcena duces tecum. A duly certified
copy of any will, or of any authenticated copy so admitted to record, may
be recorded in the county or corporation whercin there is any estate, rea
or personal, devised or bequeathed by such will.

It shall be the duty of the personal representative of the testator t¢
cause a duly certified copy of any will or of any authenticated copy sc
admitted to record to be recorded in the clerk’s office of the circuit o1
corporation court of the county or corporation wherein there is any rea’
estate whereof the testator died seized.

2. This act shall be in force on and after the first day of February
nineteen hundred and four.