Chap. 161.—An ACT to amend and re-enact Sections 5247, 5249 and 5316 of the
Code of Virginia, as heretofore amended, in relation to the probate of wills and
the appointment and qualification of appraisers of estates, administrators,
executors, curators and’ guardians. [SS B 166]

Approved March 9, 1942

1. Be it enacted by the General Assembly of Virginia, That section
fifty-two hundred and forty-seven, fifty-two hundred and forty-nine and
fifty-three hundred and sixteen 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 Common-
wealth, and the clerks of said courts, and the duly qualified deputies of
such clerks, and the clerks of all other courts having jurisdiction of the
probate of wills shall have jurisdiction of the probate of wills according
to the following rules: 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 Richmond the chancery court and the hustings court, part two,
of said city, and the clerks of said courts and their duly qualified deputies
shall have such jurisdiction which shall be exercised within their respec-
tive territorial jurisdictions as defined by law and in the manner hereto-
fore provided by law. ;

Section 5249. The clerk of any circuit or corporation court, or the
clerks of the chancery court or the hustings court, part two, of the city
of Richmond, or the clerk of any other court having jurisdiction of the
probate of wills, other than the clerks of the circuit court and the several
corporation courts of the city of Richmond with the exception of the
chancery court and the hustings court, part two, within their respective
territorial jurisdictions as defined by law, or any duly qualified deputy
of any such clerks, may appoint appraisers of estates of decedents, admit
wills to probate, appoint and qualify executors, administrators and cura-
tors 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 discharged 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 six months after the entering ot such an
order, appeal therefrom as a matter of right, without giving any bond. 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 forth-
with in his said order book an order allowing such appeal, 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 protection of the parties interested or for the pro-
tection 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 qualified
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. |

Section 5316. The circuit court of any county or the circuit or cor-
poration court of any city, except the city of Richmond, or the clerk of
such court or judge thereof in vacation, in which any minor resides, or, if
he be a resident out of the State, in which he has any estate, may appoint a
guardian for him, unless he have a guardian appointed as aforesaid by his
father or mother. In the city of Richmond the chancery court and hustings
court, part two, of said city within their respective territorial jurisdictions
as defined by law and the judges thereof in vacation, and the clerks of
said courts, and the duly qualified deputies of such clerks, shall have such
power.