CHAPTER 277

AN ACT to amend and reenact § 26-48 of the Code of 1950
relating to appointment of substitute trustee to provide for
validation of appointments heretofore made.

[H77]

Approved April 4, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 26-48 of the Code of 1950 be amended and reenacted
as follows:

§ 26-48. Court may appoint trustee in place of one dead,
resigned, etc.—When a trustee in a will, deed or other writing
(1) dies, (2) becomes incapable of executing the trust on ac-
count of physical or mental disability or confinement in prison,
(3)removes beyond the limits of the State, (4) declines to
accept the trust, (5) having accepted, resigns the same, as he
may be allowed to do, (6) if such trustee be a corporation, be
adjudicated a bankrupt, or for any reason lose its charter, or
(7)for any good cause shown, the circuit court of the county,
or the circuit, corporation or other court of the city in which
such will was admitted to probate, or such deed or other writing
is or might have been recorded, or if a corporation, in which its
principal office is located, or in which the trustee resides, or the
judge thereof in vacation, may on motion of any party inter-
ested, and upon satisfactory evidence of such death, incapacity,
confinement, removal, declination, resignation, bankruptcy, loss
of charter, or of such other good cause, appoint a trustee or
trustees in place of the trustee or trustees named in such
instrument.

Where the only courts of record in a city are a corporation
court and a circuit court and both have the same clerk, then
each of said courts shall have all the powers herein provided
and any such decree or order of substitution heretofore made
by such city, corporation, or city circuit court 1s hereby validated.