Chap. 256.—An ACT to amend and re-enact section 5276 of the Code of
Virginia. [S B 153]

Approved March 24, 1930

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

Section 5276. When and how benefits of will may be renounced
and the effect thereof —When any provision for a husband or a wife
is made in the consort’s will, the survivor may, within one year from
the time of the admission of the will to probate, renounce such pro-
vision. Such renunciation shall be made either in person before the
court in which the will is recorded, or by writing recorded in such
court, or the clerk’s office thereof, upon such acknowledgment or proof
as would authorize a writing to be admitted to record under chapter
two hundred and eleven. If such renunciation be made, or if no pro-
vision for the surviving husband or wife be made in the will of the
decedent, the surviving consort shall, if the decedent left surviving
issue of the marriage which was dissolved by the death of the consort
or surviving issue of a former marriage, have one-third of the surplus
of the decedent’s personal estate mentioned in section fifty-two hundred
and seventy-three; or if no such issue survive, the surviving consort
shall have one-half of the aforesaid surplus; otherwise. the surviving
consort shall have no more of the said surplus than is given him or her
by the will; provided, however, that if any such will is of a doubtful
import as to the amount or value of the property the husband or wife
of such consort is to receive thereby or thereunder and a suit in equity
is pending wherein the said will will be construed in such respect, the
court in which said suit is pending shall, within said year, on the appli-
cation of such surviving husband or wife, if he or she, as the case may
be, so desire, enter an order extending the time within which such
survivor is to make such renunciation for such additional period be-
yond such year as will allow said survivor reasonable time, not ex-
ceeding six months, for making such renunciation after a final order
shall have been entered in said suit construing such will in such respect,
either by a trial court or any appellate court to which it may be ap-
pealed; and provided further, that such survivor shall have the right,
within six months after the expiration of said year, whether heretofore
or hereafter to institute and maintain any such suit for the proper
construction of said will, and in such suit, upon the application of such
surviving consort, the court shall, by an order entered therein, provide
that the surviving consort shall be allowed not exceeding one month for
such renunciation after final decree has been entered in said suit con-
struing said will.