CHAPTER 335

An Act to amend and reenact §§ 26-88, 64-161, 64-162 and 64-169 of the
Code of Virginia, relating to certain fiduciary accounts and the settle-
ment of accounts. 3.68)

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 26-33, 64-161, 64-162 and 64-169 of the Code of Virginia
be amended and reenacted as follows:

26-33. The court, or judge in vacation, after * fifteen days from
the time the report has been filed in its office, shall examine such excep-
tions as have been filed. It shall correct any errors which appear on
the exceptions and to this end may commit the report to the same or
another commissioner, as often as it sees cause; or it may cause a jury
to be empaneled to inquire into any matter which, in its opinion, should
be ascertained in that way; or it may confirm the report in whole or in &
qualified manner, and shall certify in the order that it has made a per-
sonal examination of the exceptions.

If no exceptions have been filed, the report shall stand confirmed on
the day next following the expiration of the period of * fifteen days after
the day on which the report was filed in the clerk’s office.

§ 64-161. Any commissioner of accounts * shall on motion of the
personal representative of a decedent, or any creditor, legatee or distributee
of the decedent, appoint a time and place for receiving proof of debts and
demands against the decedent or his estate and he shall publish notice
thereof once * in some newspaper of general circulation in the county or
city wherein the fiduciary qualified, the * publication of which shall be
at least * ten days before the date set for the hearing; and at least * ten
days before the date fixed for the hearing he shall also post a notice of the
time and place at the front door of the courthouse of the court of the
county or city wherein the fiduciary qualified. |

§ 64-162. The commissioner may adjourn from time to time for
receiving such proof and shall, within * sixty days from the time first
appointed for receiving such proof or the last adjournment of any hearing
thereon, make out an account of all such debts or demands as may appear
to him to be sufficiently proved, stating separately those of each class.

§ 64-169. When a report of the accounts of any personal rep-
resentative and of the debts and demands against his decedent’s estate
has been filed in the office of a court, whether under §§ 64-161 and 64-162
or in a suit in chancery, the court or the judge in vacation, after six
months from the qualification of the personal representative, may, on mo-
tion of the personal representative or on motion of a legatee or distributee
of his decedent, make an order for the creditors and all other persons
interested in the estate of the decedent to show cause on some day to be
named in the order against the payment and delivery of the estate of
the decedent to his legatees or distributees. A copy of the order shall be
published once a week for * two successive weeks, in one or more news-
papers, as the court directs. On or after the day named in the order the
court in term, or the judge in vacation, may order the payment and de-
livery to the legatees or distributees of the whole or a part of the money
and other estate not before distributed, with or without a refunding
bond, as it prescribes; but every legatee or distributee to whom any such
payment or delivery is made, and his representatives, may, in a suit

rought against him within five years afterward, be adjudged to refund
a due proportion of any claims enforceable against the decedent or his
estate and the costs attending their recovery.

__ Any such personal representative who has in good faith complied
with the provisions of this section and has, in compliance with the
order of the court, paid and delivered the money or other estate in his
hands to whomsoever the court has adjudged entitled thereto shall be
fully protected against the demands of creditors and all other persons.