CHAPTER 664

An Act to amend and reenact § 64-151, as amended, of the Code of Vir-
ginia, relating to the apportionment of estate and tnheritanss wrrh
404

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 64-151 as amended of the Code of Virginia be amended and
reenacted as follows:

§ 64-151. Whenever it appears upon any settlement of accounts or
in any other appropriate action or proceeding that an executor, admin-
istrator, curator, trustee or other person acting in a fiduciary capacity has
paid an estate tax levied or assessed under the provisions of any estate
tax law of the United States heretofore or hereafter enacted or under
§ 58-162, upon or with respect to any property required to be included in
the gross estate of a decedent under the provisions of any such law, the
amount of the tax so paid shall be prorated among the persons interested
in the estate to whom such property is or may be transferred or to whom
any benefit accrues. Such apportionment shal] be made in the proportion
that the value of the property, interest or benefit of each such person bears
to the total value of the property, interests and benefits received by all
such persons interested in the estate, except that in making such proration
each such person shall have the benefit of any exemptions, deductions and
exclusions allowed by such law in respect of such person or the property
passing to him *; and except that notwithstanding the preceding provisions
1\f this sentence in cases where a trust is created, or other provision made
Oi\hereby any person is given an interest in income, or an estate for years,
_ * for life, or other temporary interest or estate in any property or fund,
inhe tax on such temporary interest or estate shall be charged against and
shaiqd out of the corpus of such property or fund without apportionment
dollaveen temporary interests or estates and remainders thereafter.