Chap. 244.-—-An ACT to amend and re-enact section 5438 of the Code of Vir-
ginia, providing when fiduciaries are protected by refunding bonds. [S B 111]

Approved March 24, 1930

I. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-four hundred and thirty-eight of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 5438. If any personal representative pay any legacy given
by the will or distribute any of the estate of his decedent, and there
be filed in the said clerk’s office a proper refunding bond for what is
so paid or distributed, with security therein sufficient at the time of
taking it, such personal representative shall not, on account of what
is so paid or distributed, be personally liable for any debt or demand
against the decedent, whether it be of record or not, unless, within
six months from his qualification or before such payment or distribu-
tion, he shall have had notice of such debt or demand; but if any
creditor of the decedent thereafter establish his debt or demand by
judgment or decree therefor, or by its being allowed in a commis-
sioner’s report which is confirmed, a suit may be maintained on such
refunding bond, in the name of the obligee, or his personal representa-
tive, for the benefit of such creditor, and a recovery shall be had
thereon to the same extent that would have been had if the said obligee
or his personal representative had satisfied such debt or demand.

————.