CHAPTER 601

An Act to amend the Code of Virginia by adding three new sections,
numbered 26-7.1 through 26-7.8, to provide that by executing the
bond required of him any one who qualifies in a court or clerk’s
office of this State as personal representative of a decedent, guardian,
curator, committee, trustee or receiver, and the surety on such bond
shall be deemed to have designated the clerk of the court in which
he qualifies, and his successor in office, as a person on whom
service of any notice, process or rule issuing from a court of this
State or a commissioner of such court may be executed whenever the
said person can not be found and served within the State of Virginia
after the exercise of due diligence.

[H 789]

Approved April 6, 1954

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding three new sections
numbered 26-7.1 through 26-7.3, as follows:

§ 26-7.1. Every person who qualifies in a court or clerk’s office of
this State as personal representative of a decedent, guardian, curator,
committee, trustee or receiver, and the surety upon any such fiduciary’s
bond, shall by executing the bond required of him, be deemed to have
designated the clerk of the court in which the qualification is had and his
successor in office, as the true and lawful attorney of such person upon
whom service of any notice, process or rule issuing from a court of this
State or a commissioner of such court, of the nature hereinafter set forth,
may be executed, whenever the said person cannot be found and served
within the State of Virginia after the exercise of due diligence; provided,
however, that the object of the proceeding shall relate to the proper
administration or distribution of the fiduciary estate, including a pro-
ceeding to assert a claim against the estate or to remove the fiduciary or
to obtain a personal judgment against him and his surety, either or both,
for nonfeasance, misfeasance or malfeasance in the performance of
the fiduciary’s duties; and provided, further, that the foregoing desig-
nation shall terminate and be no longer in effect when the fiduciary’s
final account shall “‘stand confirmed’, as provided in § 26-33, Code of
Virginia, or by order of court.

§ 26-7.2. Whenever any such notice, process or rule shall be served
on the clerk of a court, it shall be his duty to mail the same forthwith by
registered mail, postage prepaid, to the person thus served, to his last
known address as shown by the court papers, the cost thereof to be
advanced by the person desiring the service.

§ 26-7.3. Any judgment or decree based upon service of notice,
process or rule upon the clerk shall specifically adjudicate that due dili-
gence has been used and that the person thus served cannot be found
and served within the State of Virginia, that the requirements of
§ 26-7.2 have been complied with and that the fiduciary’s final account
does not “stand confirmed” as provided in § 26-33 or by order of court.
An Act to amend and reenact § 11-8 of the Code of Virginia, relating to
instruments executed by minors to obtain benefits under certain
federal legislation.

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

a That § 11-8 of the Code of Virginia be amended and reenacted as
ollows:

§ 11-8. Any person under the age of twenty-one * or widow:
who has not remarried who is eligible for a guaranty of credit under
the provisions of Title III of an Act of Congress of the United States,
approved June twenty-second, nineteen hundred and forty-four, en-
titled the ‘‘Servicemen’s Readjustment Act of nineteen hundred and
forty-four’, as now or hereafter amended, or other like federa! law
shall be upon complying with the terms of this section, qualified to contract
for and purchase any real or person property with respect to which the
guaranteed loan is to be made, to execute the note or other evidence of the
loan indebtedness and to secure the debt by the execution of a deed of
trust or chattel mortgage, or other instrument, upon the real or personal
property acquired as aforesaid in connection with the proposed loan or
theretofore acquired by such person, whether by purchase or otherwise,
and such person shall, in all respects, be bound by such contracts or other
instruments entered into as though he or she were of full age.

When any such person is under the age of twenty-one years no con-
tract, note, deed of trust, mortgage or other instrument required to obtain
benefits under such federal legislation shall be executed by such person
unless the circuit or corporation court of the city or county, or judge
thereof in vacation, in which the property is located or to be used, after
a petition signed by any such person shall have been filed with it or him,
approve the same. Such petition shall set forth the facts pertaining to the
proposed transaction and shall state why the judge or court should approve
and authorize the execution of the necessary instruments.

The petition shall be heard by the court without a jury and its decision
thereon shall be final. A guardian ad litem shall be appointed who shall
make an investigation and report in writing whether in his opinion the
best interest of the petitioner would be served by permitting the petitioner
to enter into such transaction and the report shall be filed with the papers
in the case. No such petition shall be approved by the court unless such
approval is recommended by the report of the guardian ad litem and unless
it is also recommended by the testimony of at least two disinterested and
qualified witnesses appointed by the court, or the judge thereof in vacation.
The order of approval shall recite the recommendation of the guardian ad
litem and the witnesses and also their names and addresses. And the judge
of the court hearing the case shall fix a reasonable fee for the attorneys
and guardians ad litem.

The court, if of opinion that entry into such transaction would benefit
the petitioner, shall approve the prayer of the petition and the petitioner.
if he enter into such transaction and execute any instrument required
therein, shall be bound thereby as if of full age whether all or part of the
obligation secured be so guaranteed.

All rights which have accrued or obligations which have arisen under
this section prior to January thirtieth, nineteen hundred and forty-seven,
are hereby declared valid and binding.

If the court approve the prayer of the petition such approval shall
operate to vest title and confer the power to encumber or convey title to
real or personal property acquired pursuant to such approval.

Any infant spouse of an infant veteran permitted by the court to make
loans under this section may unite in any conveyance to effectuate such a
loan as if he or she was a spouse of an adult signing as provided under
the provisions of § 55-42, relating to the removal of disability of infancy
in certain cases.