Chap. 58.—An ACT to amend and re-enact sections 5247 and 5249 of the Code of
Virginia, relating to the probate of wills and to the appointment of executors,
et cetera, both sections having been heretofore amended. [fH B 59]

Approved February 27, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tions fifty-two hundred and forty-seven and fifty-two hundred and
forty-nine of the Code of Virginia, as heretofore amended, be
amended and re-enacted so as to read as follows:

Section 5247. The circuit and corporation courts of the Com-
monwealth, and the clerks of said courts, and the duly qualified depu-
ties of such clerks, and the clerks of all other courts having jurisdic-
tion of the probate of wills shall have jurisdiction of the probate of
wills according to the following rules, that is to say: In the county or
corporation wherein the decedent has a mansion house or known place
of residence; if he has no such house or known place of residence, then
in a county or corporation wherein any real estate lies that is devised
or owned by the decedent; and if there be no such real estate, then in
a county or corporation wherein he dies or a county or corporation
wherein he has estate; provided, however, that in the city of Rich-
mond the chancery court and the hustings court, part two, of said city
shall have such jurisdiction which shall be exercised in the manner
heretofore provided by law.

Section 5249. The clerk of any circuit or corporation court, or
any duly qualified deputy of any such clerk, or the clerk of any other
court having jurisdiction of the probate of wills, other than the
clerks of the circuit court and the corporation courts of the city of
Richmond, may appoint appraisers of estates of decedents, admit
wills, to probate, appoint and qualify executors, administrators and
curators of decedents, and require and take from them the necessary
bonds in the same manner and with like effect as the court could do
if in session. Such powers and duties may be exercised and dis-
charged as well during the sessions of the court as at other times.

Such clerk shall keep an order book, in which shall be entered all
orders made by him, or his deputy, respecting the subjects aforesaid.
Any person interested may, within one year after the entering of such
an order, appeal therefrom as a matter of right, upon giving bond as
provided by law to the court whose clerk, or deputy, has made the order.
Upon application being made for such appeal, the said clerk, or deputy,
shall enter forthwith in his said order book an order allowing such ap-
peal, and docket the same as a preferred cause for trial at the next term
of the court. The said court, at any term, shall hear and determine
the matter as though it had been presented to the said court in the
first instance, and shall cause a copy of the order on the order book
of the court embracing its final action to be copied by the clerk, or
deputy, into his order book. At any time after such appeal is allowed
the said court, or the judge thereof in vacation, may make any such
order for the protection of the parties interested or for the protection
or preservation of any property involved as might have been made
had the matter been originally presented to the court, or as may seem
needful. All wills heretofore admitted to probate by any duly qual-
ified deputy clerk of any court of competent jurisdiction shall be
deemed to have been properly admitted to probate to the same extent
as if the clerk had acted in the proceeding.