CHAPTER 576

An Act to amend and reenact § 26-59, as amended, of the Code of
Virginia, relating to persons eligible to serve as personal representa-
tive, trustee or guardian.

[TH 656]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 26-59, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 26-59. No natural person not a resident of this State * shall be
appointed or allowed to qualify or act as personal representative, or trus-
tee under a will, of any decedent, or appointed as guardian of an infant,
or guardian of the person or property of an incapacitated person under
§ 37-140 or committee of any person non compos mentis, unless there be
also appointed to serve with the nonresident personal representative, trus-
tee, guardian or committee, a person resident in this State or corporation
authorized to do business in this State; and in the event such resident
personal representative, trustee, or guardian ceases, for any reason to act,
then a new resident personal representative, trustee, or guardian shall be
appointed in the same manner as provided in § 26-48; provided that when
the nonresident guardian or committee is the parent of the infant or
person non compos mentis, the resident guardian appointed under this
section shall have no control over the person of the ward. No corporation
shall be appointed or allowed to qualify or act as personal representative,
or trustee under a will, or as one of the personal representatives or trus-
tees under a will, of any decedent, or appointed or allowed to qualify or
act as guardian of an infant, or as one of the guardians of an infant, or
guardian of the person or property of an incapacitated person under
§ 37-140, or as one of the guardians of the person or property of an
incapacitated person under § 87-140, or as committee of any person non
compos mentis, or as one of the committees of a person non compos mentis,
unless such corporation be authorized to do business in this State. Nothing
in this section shall be construed to impair the validity of any appointment
or qualification made prior to * January first, nineteen hundred and *
sixty-two, nor to affect in any way the other provisions of this chapter
or of § 64-123. The provisions of this section shall not authorize or allow
any appointment or qualification prohibited by § 6-9.