CHAPTER 390

An Act to amend and reenact § 64-57.1 of the Code of Virginia, relating
to the lodging of wills of certain persons for safekeeping by clerks
of certain courts, so as to provide that certain wills of certain persons
may be so lodged. rH 92]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 64-57.1 of the Code of Virginia be amended and reenacted
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
jurisdiction 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. oo.

Any attorney at law may, upon holding a will lodged with him for
safekeeping by a client for seven years or more, and having no knowledge
of whether the said client is alive or dead after such time, lodge such will
with the clerk as provided in the preceding paragraph for which the clerk
shall be paid two dollars for such lodging, indexing and preserving. |

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
provided 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.