CHAPTER 103

An Act to amend and reenact §§ 8-750 and 8-751 of the Code of Virginia,
relating to moneys under control of court to increase the amount
payable without appointment of fiduciary. rH 249]

9

Approved February 23, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-750 and 8-751 of the Code of Virginia be amended and
reenacted as follows:

§ 8-750. Whenever there is accruing to any person, adult or infant,
any sum of money from any source, not exceeding * one thousand dollars,
the same may be paid into the court of the county or corporation having
jurisdiction in fiduciary matters in which such fund accrued or arose.
Such court may, by an order entered of record, (1) pay such fund into
the hands of such person to whom the same accrued, if such person be
considered by such court competent to expend and use the same in his
behalf, or (2) pay such fund into the hands of some other person, who
is considered competent to administer the same, for the benefit of such
person to whom the same accrued, without the intervention of an admin-
istrator, guardian or committee, whether such person reside within or
without this State. The clerk of such court shall take a receipt from the
person to whom such money is paid, which shall show the source from
which the same was derived, the amount, to whom it belongs, and when
and to whom it was paid. Such receipt shall be signed and acknowledged
by the person so receiving such money, and entered of record in the book
in such clerk’s office in which the current fiduciary accounts are entered
and indexed. .

After such a receipt is so executed and entered of record the person
owing such money shall be discharged of such obligation, as fully as if
the same had been paid to an administrator, guardian or committee.

No bond shall be required of the party to whom such money is paid
by the court.

§ 8-751. Whenever it appears to a court or to the judge in vacation,
having control of a fund or tangible personal property or supervision of
its administration, whether a suit be pending therefor or not, that an
infant is entitled to a fund arising from the sale of lands for a division or
otherwise, or a fund or tangible personal property as distributee of any
estate, or from any other source, or whenever a judgment, decree, or order
for the payment of a sum of money or for delivery of tangible personal
property to an infant is rendered by any court, and the amount to which
the infant is entitled or the value of the tangible personal property is not
more than * one thousand dollars, or whenever an infant who has no
guardian is entitled to receive payments of income or tangible personal
property.and the amount of the income payments is not more than * one
thousand dollars in any one year, or the value of the personal property
is not more than * one thousand dollars the court or judge in vacation may,
without the intervention of a guardian, upon its being made to appear
to the court or judge in vacation, that the infant is of sufficient age and
discretion to use the fund, the tangible personal property or the income
payments judiciously, cause the fund or income payments or tangible
personal property to be paid or delivered directly to the infant; and in
any case in which the infant is of such tender years as to be, or is other-
wise, incapable or incompetent to handle the fund, or income payments,
or tangible personal property, the court or judge in vacation may, in its
or his discretion, cause the fund or income payments or tangible personal
property to be paid or delivered to one of the parents of the infant for its
education, maintenance and support, or if there be no living parent capable
of handling the fund or income payments or tangible personal property,
cause the fund or income payments or tangible personal property to be
applied to its education, maintenance and support by other means.