CHAPTER 392

An Act to amend the Code of Virginia by adding a new section numbered
64-57.1, permitting wills of living persons to be lodged for safeke
ing with the clerks of certain courts, and to provide how such wills
shall be preserved, and returned to the testator or otherwise disposed
of in the event of the testator’s death. [H 335]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a new section num-
bered 64-57.1 as follows:

_ § 64-57.1. Any person or his attorney for him, may, during his life-
time, lodge for safekeeping with the clerk of a court having probate juris-
diction in the county or city of his residence any will executed by such
person ; and the clerk shall thereupon receive such will and give the person
lodging it a receipt therefor. The clerk shall then place the will in an
envelope and seal it securely, numbering the envelope and endorsing thereon
the name of the testator and the date on which it is so lodged, and shall
index the same alphabetically in a permanent index kept for the purpose,
showing therein the number and date such will is so deposited. The fee for
such lodging, indexing and preserving shall be two dollars, which shall be
paid to the clerk when the will is received. =

The clerk shall carefully preserve the envelope containing the will
unopened until it is returned to the testator or his nominee in his lifetime
upon his request in writing therefor or until the death of the testator.
Should such will be returned in the testator’s lifetime as hereinbefore pro-
vided and later returned to the clerk it shall be considered as a separate
lodging under the provisions of this section. .

Upon notice of the testator’s death, the clerk shall open the will and
deliver the same to any person entitled to offer it for probate.

Provided, the provisions of this section shall be applicable only to the
clerk’s office of a court wherein theretofore has been entered, by the judge
or judges of such court, an order authorizing the use of its clerk’s office
for such purpose.