CHAPTER 587

An Act to amend and reenact § 8-639 of the Code of Virginia, relating
to compromise of a claim for death by wrongful act.
H 671

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
on That § 8-639 of the Code of Virginia be amended and reenacted as

ollows:

§ 8-639. The personal representative of the deceased may compro-
mise any claim to damages arising under or by virtue of § 8-633, includ-
ing claims under the provision of an automobile insurance policy, before
or after action brought, * with the approval of the judge of the court
wherein any such action has been brought, or if none has been brought,
with the consent of the judge of any court wherein such action may be
brought. Such approval may be applied for by the personal representative,
on petition to such judge, in term or vacation, stating the compromise, the
terms thereof, and reasons therefor, and convening the parties in interest;
but it shall not be necessary to convene grandchildren whose living parents
are made parties to the proceeding. If the judge approve the compromise,
and the parties in interest do not agree upon the distribution to be made of
what has been or may be received by the personal representative under
such compromise, or if any of them are incapable of making a valid agree-
ment, the judge shall direct such distribution as a jury might direct under
§ 8-636 as to damages awarded by them. In other respects what is received
by the personal representative under the compromise shall be treated as if
recovered by him in an action under the section last mentioned. When the
judge acts in vacation, he shall return all the papers in the case and orders
made therein to the clerk’s office of his court. The clerk shall file the papers
in his office as soon as received and forthwith enter the order in the order
book on the law side of the court. Such orders and all the proceedings in
vacation shall have the same force and effect as if made or had in term.