Chap. 232.—An Act to add a new section to the Code of Virginia, to be
designated as sections 6266—a, in relation to subjecting curtesy and dower
interests in real estate, to the satisfaction of liens thereon. [S B 68]
Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That there
be, and is hereby added to the Code of Virginia, a new section to be
designated as section sixty-two hundred and sixty-six-a, to read as
follows:

Section 6266-a. The curtesy interest of a surviving husband, or
the dower interest of a widow, in real estate of which the deceased
spouse died seized, may be subjected to sale for the satisfaction of any
valid lien thereon, by suit in equity brought by any lien creditor, and
in the event such curtesy or dower interest shall be an estate for the
life of the surviving husband, or widow, as the case may be, in less
than the whole of such real estate, the complainant shall be entitled
to have the curtesy, or dower, laid off in kind, by commissioners ap-
pointed for the purpose, and an estate for the life of the husband, or
wife, as the case may be, in the part so laid off, subjected to sale; and
if it shall appear to the satisfaction of the court, from the report of
commissioners, or otherwise, that such curtesy, or dower, as the case
may be, can not be laid off in kind, the same may be subjected for the
aforesaid purpose by the court making a decree requiring the heirs
at law, or devisees, of the deceased spouse, who may be entitled to
the real estate subject to such curtesy, or dower, to pay to a receiver
to be appointed for the purpose, after he shall have executed such bond
as the court may require in such instalment and upon such terms as the
court may deem proper, what may be ascertained, by proper inquiry,
to be the fair net annual value of such proportional part of said real
estate as the said husband, or wife, as the case may be, would be en-
titled to have for his, or her, life as tenant by the curtesy, or in dower,
for such a period of time, within the life of the husband, or wife, as
may be necessary to discharge in the order of priority the liens which
may be established in the cause, against such curtesy, or dower, in-
terest ; provided, however, that the person so required to pay such net
annual value, may, at his election, pay in a lump sum, which amount
shall be applied to liens established in the order of their priority the
commuted value of an annuity equal to the ascertained fair net annual
value of such curtesy, or dower interest, for the life of the surviving
husband, or wife, as the case may be, in which event, if such com-
muted value be more than sufficient to discharge the liens established
as aforesaid, the surplus shall be paid to the said husband, or wife, as
the case may be, provided further, that the person or persons so re-
quired to pay such net annual value, may, at his further election turn
over and deliver the possession of such real estate in its entirety to said
receiver, who shall rent out the same and from the rentals received by
him pay, first the taxes, reasonable insurance premiums and repairs
on the property, and the balance to such person or persons. and to caid
lienors in the proportion in which such person or persons and such
surviving husband or widow are interested in such real estate.