CHAPTER 327

An Act to amend and reenact § 26-46.2 of the Code of Virginia, relating
_ to the qualification of certain trustees. S 48)
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Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

L That § 26-46.2 of the Code of Virginia be amended and reenacted as
ollows:

§ 26-46.2. In the case of testamentary trusts, if the will has been
admitted to probate in this State, the jurisdiction where the will has been
probated shall be the exclusive jurisdiction for qualification of the trustee
or trustees under such will. If such will is the will of a nonresident, and
has not been admitted to probate, then the trustee or trustees thereunder
shall be permitted to qualify in any jurisdiction in which such will could
be probated, and if there be no such jurisdiction, then qualification shall be
as permitted in § 26-46.3.

In each such case every trustee named in a will probated after July
1, 1966, before proceeding to act thereunder, shall qualify before the proper
court or clerk in such jurisdiction. Such trustee shall be required to give
bond in the penalty prescribed by such court or clerk, without surety, un-
less the will specifically provides for surety provided, however, no trustee
shall be required to qualify, give bond or file any account if the ‘instrument
creating the trust so directs.