Chap. 242.—-An ACT to amend and re-enact sections 6239, 5361, 5362, 5363,
5364, 5365 and 5366 of the Code of Virginia, relating to presumption of
death of persons absent for seven years or more and the distribution of the
estate, real and personal, of such persons. [S B 108]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That sections
sixty-two hundred and thirty-nine, fifty-three hundred and sixty-one,
fifty-three hundred and sixty-two, fifty-three hundred and sixty-three,
fifty-three hundred and sixty-four, fifty-three hundred and sixty-five,
and fifty-three hundred and sixty-six of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 6239. If any person, who shall have resided in this State,
either go from and do not return to the State for seven years succes-
sively, and be not heard from or if he shall disappear for seven years
successively and be not heard from, he shall be presumed to be dead in
any case wherein his death shall come in question, unless proof be
made that he was alive within that time. But before any final order
or decree is entered in any such cause, in favor of the alleged heirs,
devisees or legatees of the supposed decedent, or persons claiming by,
through or under them, or any of them, proceedings shall be nad in
conformity with sections fifty-three hundred and sixty-one, fifty-three
hundred and sixty-two, fifty-three hundred and sixty-three, fifty-three
hundred and sixty-four, and fifty-three hundred and sixty-five of this
Code, provided that such person so presumed to be dead, his heirs at
law, devisees, next of kin and legatees, may be made parties defendant
to proceedings in respect to property, real or personal, in which he may
have an undivided interest by order of publication or other process as
provided by law and such proceedings whether in the nature of partition,
eminent domain or otherwise, shall not be stayed in respect to the
division, sale or other disposition of the entire property and the sections
of the Code mentioned shall be applicable only to the portion of the
property set apart or to the share of the proceeds to which such person
would be entitled.

Section 5361. Neither probate of a will of a person presumed to
be dead .on account of absence from his last domicile in this State
for seven years or more, nor administration upon the estate of such
person shall in any case be granted by a clerk.

Section 5362. Whenever a will of any person supposed to be dead
on account of absence for seven years or more from the place of his
last domicile in this State shall be offered for probate, or whenever
letters of administration on the estate of any person so supposed to be
dead shall be applied for, the court having jurisdiction 1f such person
were dead, if satisfied that the will so ouered ior probate shoutd be
probated or that the applicant would be entitled to letters of adminis-
tration were the supposed decedent in fact dead, shall cause to be
advertised in a newspaper published in the county or city once a week
for four successive weeks the fact of said offer or of said application,
together with notice that on a certain day, which shall be at least two
weeks after said advertisement, the court or judge will hear evidence
concerning the alleged absence of the supposed decedent, and the cir-
cumstances and duration thereof.

And whenever any person shall claim, either as widow or heir at
law or otherwise, any property of a person supposed to be dead on
account of absence for seven years or more from the place of his
last domicile, and there shall be no will or no necessity for grant of
letters of administration, such person may apply to the court which
would have jurisdiction for probate or for granting letters of adminis-
tration, or the judge thereof in vacation, to have the fact of such
descent established, and thereupon said court shall, if satisfied that the
person or persons so claiming would be so entitled were the suppesed
decedent in fact dead, shall cause notice of such application to be
published as provided above in respect to offer of a will for probate
or application for letters of administration.

Section 5363. At the hearing which shall be either in term or vaca-
tion, the court or judge shall hear such legal evidence as may then be
offered for the purpose of ascertaining whether or not the presump-
tion of death is made out and if satisfied that the legal presumption
of death is made out, the court or judge shall so order; and if the
evidence show the length of absence of supposed decedent to be more
than seven years, but less than twenty years, the court or judge shall
forthwith cause notice of said order to be inserted for two successive
weeks in a newspaper published in the county or city and also, when
practicable, in a newspaper published at or near the place where the
supposed decedent had his residence when last heard from. Such
notice shall require the supposed decedent, if alive, or any person for
him to produce to the court, or the judge thereof in vacation, within
twelve weeks from the date of its last insertion, satisfactory evidence
of his continuance in life. If there be not in the county or city a
newspaper in which the publication required by this and the preceding
section may be had, the same may be published in such newspaper
having general circulation therein as the court or judge shall order.

Section 5364. If the evidence at the hearing required by the pre-
ceding section show the length of absence to be twenty years or more,
or if within the said period of twelve weeks after publication of the
order on the hearing aforesaid, evidence satisfactory to the court or
judge of the continuance in life of the supposed decedent shali not be
forthcoming, the court or judge shall proceed to admit such will to
probate or issue letters of administration to the party entitled thereto,
or order that the claim of the widow or heirs at law or other person
be established, as the case may be, and said probate and said letters
and such descent, until said order in respect thereto be revoked, and
all acts done in pursuance thereof and in reliance thereon, shall be as
valid as if the supposed decedent were really dead.

Section 5365. Before any distribution of the proceeds of the estate
of such supposed decedent shall be made, and before sale of any real
or personal property passing in kind by persons claiming the same as
heirs at law or devisees, the persons entitled to receive such proceeds
or such property in kind, shall give a refunding bond with surety to
be approved by the court or judge, in such form as the court or judge
shall direct, and with condition that if the supposed decedent shall in
fact be alive at that time, they will respectively refund the amounts
received by each on demand, with interest thereon; but if the person
or persons entitled to receive the same is or are unable to give the
security aforesaid, then the money shall be invested under an order
of the court or judge in such manner as the said court or judge may
approve, which investment may be changed from time to time as to the
court or judge may seem proper. The interest arising from such in-
vestment shall be paid annually to the person or persons appearing
to be entitled thereto, and such investment shall continue until security
is given, as aforesaid, or the court or judge, on application, shall order
it to be paid to the person or persons appearing to be entitled to it.

Section 5366. The court, or judge thereof in vacation, after reas-
onable notice to the parties interested, may revoke said letters or said
order of probate or said order establishing descent of property in kind,
at any time on due and satisfactory evidence that the supposed dece-
dent is in fact alive. After said revocation all powers of. the personal
representative shall cease, but all receipts and disbursements of assets
and other acts previously done by him, and the title of bona fide pur-
chasers to property under sales made by him or by the widow, heir at
law, or devisee, if such widow, heir at law or devisee shall have com-
plied with section fifty-three hundred and sixty-five, shall remain as
valid as if no revocation had been made; the personal representative
shall settle his account and all assets remaining in his hands or in the
hands of such widow, heir at law or devisee and the proceeds thereof
shall be transferred to the owner thereof presumed to be dead or to
his duly authorized agent or attorney. Nothing in this section shall
validate the title of any person to any money or property received as
widow, heir at law, devisee, next of kin or legatee of such supposed
decedent, but the same may be recovered from them in like manner
as if such administration had not been granted.