CHAPTER 304

An Act to amend the Code of Virginia by adding a section numbered
64-88.1, providing for the commutation of widows’ dower estates in

real property. [8 171]

Approved March 10, 1956

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
64-38.1 as follows:

§ 64-38.1. In lieu of having her dower assigned, a widow having a
vested right of dower in real property, may, where it appears that her dower
cannot be conveniently laid off and assigned in kind, petition the court to
commute the same. In such event the court may, in its discretion, either
require the heirs at law to pay to such widow a gross sum in lieu of dower,
determined as provided in Article 2 of Chapter 15 of Title 55 of this Code;
or may, if such heirs fail or refuse to make such payment, have such real
property sold. From the proceeds of such sale there shall be paid, first,
the gross sum equivalent of the widow’s dower interest; the remainder of
such proceeds shall be paid to the heirs at law, pro rata, according to their
interest in such real property.