Chap. 234.—An ACT to amend and re-enact Section 6299 of the Code of Virginia,
as amended. relating to substitution of trustees in certain cases and the pro-
cedure therefor. [H 306]

Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That section sixty-two hundred ninety-nine of the Code of Vir-
ginia, aS amended, be amended and re-enacted, as follows:

Section 6299. Notice required; certain substitutions validated —A
motion under section sixty-two hundred ninety-eight shall be after rea-
sonable notice to all persons interested in the execution of the trust other
than the plantiff in such motion, and if any of the parties on whom such
notice is required to be served be under twenty-one years of age, the
court or clerk shall appoint some discreet and competent attorney at law
as guardian ad litem to such infant defendant, on whom notice may be
served. If any such party is insane or a convict, the notice shall be served
on his committee, if any, but if none, a guardian ad litem shall be appointed
for him in the manner hereinbefore provided for the appointment of a
guardian ad litem for an infant. No notice need be given to a trustee or,
if one has previously been appointed, to a substituted trustee who has
removed from the State, declined to accept the trust, or has resigned, nor
to the personal representative of one who is dead, or if the trustee or
substituted trustee, as the case may be, be a corporation and the corpora-
tion has been adjudicated a bankrupt or whose charter then stands re-
voked, no notice need be given to such corporation.

In the case of the substitution of the trustee or trustees in a deed
of trust securing the payment of indebtedness it shall be necessary to give
notice of the motion only to the trustee or, if one has previously been
appointed, to the substituted trustee, (unless notice to him is dispensed
with as aforesaid), the beneficiaries appearing of record, if any, or known
to the plaintiff, if any, the debtor or debtors mentioned in the deed of trust,
if any, the person or persons, if any, who may be shown by the deed
records to have assumed payment of the indebtedness in whole or in part,
and the person or persons in whom the equitable title to the property
conveyed by the deed of trust is vested at the time of the motion as
shown by the records, and in such case when the notice of motion in
writing shall have been filed in the clerk‘s office of the court having juris-
diction as defined in section sixty-two hundred ninety-eight, service of
such notice as to all parties mentioned in section six thousand sixty-nine
may be made in conformity with the provisions of sections six thousand
sixty-nine, six thousand seventy, six thousand seventy-one, six thousand
seventy-two, and six thousand seventy-three-a of the Code.

Any such decree or order of substitution heretofore made by a court
of competent jurisdiction 1s hereby validated.

Nothing herein contained shall be construed as preventing a court of
equity from substituting a trustee in a suit instituted for that purpose.