Chap. 72.—An ACT to authorize and empower the mayor and council of the town
of Vienna, in the county of Fairfax, to compromise with Katrina Hine Echols
its claim to the real estate and the proceeds of the sale of portions thereof,
‘formerly owned by the late Charles DeLano Hine, and to authorize either of
the parties to bring suit against the other, in the circuit court of Fairfax, for
the partition of said real estate in the event the said parties cannot voluntarily
agree as to the division thereof. [H B 84]

Approved March 2, 1934

Whereas, the late Charles DeLano Hine died seized and possessed of

a considerable quantity of real estate situated in Fairfax county, Vir-
a a er | b i: i: ne in fe | Pere | De eee ey ame Le, ee | TON i re ate ie yi te eee ee le

nineteen hundred and sixteen, probated before the clerk of the circuit
court of Fairfax county, Virginia, on the nineteenth day of February,
nineteen hundred and twenty-seven, and recorded in will book number
twelve, page forty-three, of the will books of said county, he devised
said real estate to his wife, Helen Underwood Hine, so long as she
remained his widow, with remainder to any child or children born
by her to him, and in the event she should have no child or children
by said marriage, to his mother, Alma DeLano Hine, for life with
remainder to his sister, Katrina Hine Echols, for life, and then to
his nephew, Warnock Echols, title passing absolutely after the age
of twenty-one, and the above conditions all failing, all of said real
estate to go to the town of Vienna, Virginia, for public use forever ;
and,

Whereas, by deed dated the fourth day of May, nineteen hundred
and thirty-three, recorded July sixth, nineteen hundred and _ thirty-
three, in Liber I, number eleven, page ninety-two, of the land records
of Fairfax county, Virginia, the said Helen Underwood Hine con-
veyed to the said Katrina Hine Echols all of her right, title and inter-
est in and to said real estate and the proceeds of such portion of said
real estate as might have been theretofore sold; and,

Whereas, there were no children born of the marriage of the said
Helen Underwood Hine and Charles DeLano Hine; and,

Whereas, Alma DeLano Hine has departed this life; and,

Whereas, the said Warnock Echols has also departed this life before
attaining the age of twenty-one years; and,

Whereas, the town of Vienna and the said Katrina Hine Echols
are the only parties interested in the said real estate and the pro-
ceeds of such portions thereof as have been sold by the trustees under
the will of said Charles DeLano Hine; and,

Whereas, grave doubts have arisen as to the validity of the devise
to the town of Vienna, and the said town, through its mayor and coun-
cil, and the said Katrina Hine Echols are desirous of avoiding the
expense and uncertainty incident to litigation having for its purpose
the construction of the said will and the determination of the validity
of the devise to the said town, and have agreed among themselves to
partition the said real estate and the proceeds of sale of portions
thereof equally, to the end that each shall own in fee simple one-half
of the said real estate and the proceeds of sale; and,

Whereas, some doubt has arisen as to the power of the mayor and
council of the town of Vienna to legally effectuate the settlement of
the controversy agreed upon; now, therefore,

1. Be it enacted by the General Assembly of Virginia, That the
mayor and the council of the town of Vienna, in Fairfax county, Vir-
ginia, be, and they are hereby, authorized and empowered to carry
into: effect the aforesaid agreement with the said Katrina Hine Echols,
and to execute and deliver all necessary deeds of conveyance to accomp-
lish the said agreement, and to execute and deliver all such other docu-
ments as may be legally necessary to vest in said Katrina Hine Echols

fee simple title to one-half of the real estate of the said Charles
DeLano Hine which has not been sold, and to one-half of the proceeds
of sale resulting from the sale of portions of said real estate by the
trustees under the will of the said testator.

2. That the receipts of the treasurer of the town of Vienna and
of the said Katrina Hine Echols to the trustees under the aforesaid
will for their respective interests in the funds in the hands of the said
trustees shall operate as a full and complete acquittance of the said
trustees for the money and evidences of debt so coming into their
hands.

3. That in the event the mayor and council of the town of Vienna
and the said Katrina Hine Echols should be unable to agree as to what
would be an equal division of said real estate, either of the said parties
shall have the right to institute and prosecute against the other, a suit
in the circuit court of Fairfax county for the partition of said real
estate. | |

4. An emergency existing, this act shall be in force from its passage.