Chap. 25.—An ACT to amend and re-enact section 5161 of the Code of
Virginia, which provides for the sale of contingent and other estates,
and the procedure therefor; and validating proceedings and sales in
certain suits in equity heretofore instituted. [H B 18]

Approved March 20, 1923.

1. Be it enacted by the general assembly of Virginia, That
section fifty-one hundred and sixty-one of the Code of Virginia,
be amended and re-enacted so as to read as follows:

Section 5161. Sale of contingent and other estates; pro-
cedure; validating proceedings and sales in certain suits in
equity heretofore instituted.—Whenever property, real or per-
sonal, is held by an adult person with remainder or limitation
over contingent upon any event, or for his life or for the life of
another, and there is limited thereon any other estate, vested or
contingent, such adult person holding the property so subject
to remainder or limitation over or for his own life, or his com-
mittee, or, if the estate so held be for the life of another, then
his heir or personal representative, as the case may be, may,
for the purpose of obtaining a sale of the fee simple interest, or
absolute estate in such property, if a sale thereof is not pro-
hibited by the instrument creating the estate, and the remainder-
men, or any of them, are, from any cause, incapable of giving
their assent, or the remainder or limitation over is contingent,
file a bill in equity in the circuit court of the county, or the
circuit, corporation or any city court having equity jurisdiction,
of the city, in which the estate proposed to be sold or some part
thereof may be, stating plainly the property to be sold, and
all facts calculated to show the propriety of such sale. A like
bill may be filed in the like court for the sale of the remainder
in such estate, by a remainderman, his guardian or committee.
The bill shall be verified by the oath of the plaintiff, and all per-
sons interested in the property, presently or contingently, other
than the plaintiff, shall be made defendants; and if it be clearly
shown, independently of any admissions in the pleadings, that
the interests of the plaintiff will be promoted and the rights of
no other person will be violated thereby, it may decree a sale of
the said property, or any part thereof, or of such remainder
therein, taking for the purchase money, when the sale is on
credit, ample security, and if the sale be of real estate, retaining
a lien thereon. The decree rendered in such suit shall be bind-
ing upon all persons who may be born thereafter and become
interested in the said estate, in like manner and to the like
extent, as it is upon the parties to the said suit. The procedure
in such suit and the investment of the proceeds of sale shall be
in accordance with sections fifty-three hundred and thirty-seven,
fifty-three hundred and thirty-nine, fifty-three hundred and
forty-one and fifty-three hundred and forty-two of the Code of
Virginia, so far as the same can be made applicable.

All proceedings and sales heretofore had or made, or which
shall be hereafter had or made, in any suit in equity heretofore
instituted wherein the above provisions have been or are sub-
stantially followed, are hereby validated and made binding in
all respects, unless the same shall be attacked upon some ground
of fraud or unfairness by a suit in equity brought within the
six months next after the passage of this act.

2. An emergency existing, this act shall be in force from
its passage.