CHAPTER 399

An Act to amend and reenact §§ 26-60 and 26-66 of the Code of Virginia,
relating to the transfer of property to foreign guardtans or com-
mittees of nonresident infants or insane persons outside of the State.

[S 387]
Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 26-60 and 26-66 of the Code of Virginia be amended and
reenacted as follows:

§ 26-60. How property of nonresident infant or insane person trans-
ferred to foreign guardian or committee.—When any infant or insane
person, entitled to property or money in this State, resides out of it, a
petition to remove such property or money to the domicile of such infant
or insane person may be filed by his guardian or his committee lawfully
appointed and qualified in the state or country of his residence, in the
circuit court of the county, or the circuit or corporation court or some
other court of the city having chancery jurisdiction, in which the property
or money, or some part thereof, is. If entitlement to such property or
money was acquired other than by a will or was acquired by a will that
restricts such transfer out of this State the infant or insane person, and
the guardian of such infant or the committee of such insane person
appointed in this State, if there be one, shall be made parties defendant
to this petition, and the court shall appoint a guardian ad litem to such
infant or insane defendant, who, as well as the guardian or committee,
if there be one, shall answer the petition on oath. Upon a hearing of the
case on its merits or upon the petition without hearing if entitlement to
such property or money was acquired by a will that does not restrict such
transfer out of this State, the court may order the guardian or committee
in this State, if there be one, to pay and deliver to such foreign guardian
or committee, or his agent or attorney, all personal property and money
in his hands belonging to such infant or insane person, and authorize such
foreign guardian or committee to sue for, recover, and receive all money
or personal property which belongs to the infant or insane person, including
the accruing rents of his real estate, in like manner as if he were appointed
a guardian or committee of such infant or insane person in this State,
and remove the same to the state or country in which such foreign
guardian or committee was appointed and qualified.

§ 26-66. Sale of property and payment of proceeds to nonresident
trustee.—If, in any proceeding under § 26-60 or § 26-64, or in case of an
interest in property acquired by a will that does not restrict the transfer
of property out of this State upon petition under § 26-60, it shall appear to
the court to be proper, it may order the property, or any part of it, to be
sold, and the proceeds to be paid to the foreign guardian or committee
or nonresident trustee.