CHAPTER 430

An Act to amend and reenact § 64-101 of the Code of Virginia, relating
to presumption of death by reason of unexplained absence. 9
[S 312]

Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:

1 That § 64-101 of the Code of Virginia be amended and reenacted as
ollows:

§ 64-101. If any person, who shall have resided in this State, either
(1) go from and do not return to the State for seven years successively
and be not heard from or (2) disappear for seven years successively and
be not heard from, or if any person not residing in this State, but owning
real property herein shall disappear for seven years successively from the
place of his residence outside of this State and be not heard from, he shall
be presumed to be dead in any cause wherein his death shall come in ques-
tion, unless proof be made that he was alive within that time. ‘But before
any final order or decree is entered in any such cause, in favor of the
alleged heirs, devisees or legatees of the supposed decedent, or persons
claiming by, through or under them, or any of them, proceedings shall be
had in conformity with §§ 64-103 to 64-108, provided that such person so
presumed to be dead, his heirs at law, devisees, next of kin and legatees,
may be made parties defendant to proceedings in respect to property, real
or personal, in which he may have an undivided interest, by order of
publication or other process as provided by law, and such proceedings,
whether in the nature of partition, eminent domain or otherwise, shall not
be stayed in respect to the division, sale or other disposition of the entire
property and the sections above mentioned shall be applicable only to the
portion of the property set apart or to the share of the proceeds to which
such person would be entitled.