CODE OF VIRGINIA, 1950, VETERANS GUARDIANSHIP V.2 TITLE 8, § 678-688

§ 8-678. Death not to abate such suits.-No suit instituted under § 8-675 shall abate by reason of the death of the infant, insane person, ex-service person or other person beneficially interested, after a lease, sale, or encumbrance has been made in pursuance of a decree in such suit, but the same shall be continued in the name of the original plaintiff until final decree, the court causing such new parties to be made as may appear necessary or proper by reason of the death of such decedent.

Nothing contained in this section shall be construed to authorize a decree for the sale, lease or encumbrance of such estate to be entered, or a sale of such estate made, after death of an infant, insane person or ex-service person in whose interest the suit was brought. (Code 1919, § 5336; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

§ 8-679. Guardian ad litem to be appointed. To every infant, insane or exservice person defendant to a suit brought under §§ 8-674, 8-675 or 8-677, there shall be appointed a guardian ad litem, who, as well as the infant, if over fourteen years of age, shall answer the bill on oath in proper person. But if such infant over fourteen years of age shall be beyond the limits of the Commonwealth or is insane, or confined in any reformatory or prison, or refuses to answer, no answer shall be required o fsuch infant in his proper person. Whenever the guardian ad litem shall file an answer in his proper person, it shall be unnecessary for the guardian ad litem to file an answer for the infant, insane or ex-service person defendant by himself as guardian ad litem. (Code 1919, § 5337; 1930, p. 355; 1932, p. 716; 1934, p. 374; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Cross references.-As to appointment of guardian ad litem in proceedings for the sale or leasing of certain contingent and other estates, see § 8-703.1 As to appointment of guardian ad litem in other suits, see § 8-88.

This section does not apply to partition suits.-Cottrell v. Mathews, 129 Va. 847, 92 S. E. 808.

Guardian ad litem may be appointed at rules.-In a suit in equity by the guardian of infants for the sale of their real estate, a guardian ad litem for the infants may be appointed at rules. Talley v. Stark, 6 Gratt. (47 Va.) 339.

He must answer in his own proper person.-The failure of a guardian ad litem to answer in his own proper person is error. Gee v. McCormick, 142 Va. 173, 128 S. E. 541. See 88-680.

Mere formal defects in the answer of the guardian ad litem do not vitiate the proceedings.-Coleman v. Virginia Stave, etc., Co., 112 Va. 61, 70 S. E. 545.

Infant over fourteen must file answer. Where an infant defendant is over fourteen years of age, it is error for him not to file an answer in proper person. Cooper v. Hepburn, 15 Gratt. (56 Va.) 551.

And such answer must be under oath.-Snarley v. Harkrader, 29 Gratt. (70 Va.) 112. But infant may be estopped to assert failure to answer.-Where the personal answer of an infant over fourteen years of age, required by this section, though, in fact, neither signed nor sworn to by her, yet appeared by the record to have been duly signed and sworn to, and it appeared that suit was brought at the solicitation of the infant, that she was twenty-one six months after it was brought and sixteen months before the sale, and she made no objection to the confirmation of the sale, she was estopped from afterwards objecting to the sale on the ground that she had not signed or sworn to her answer. Lancaster v. Barton, 92 Va. 615, 24 S. E. 251.

§ 8-680. Failure to answer in person and as guardian ad litem.—Whenever a suit has heretofore been instituted for the sale of any interest in real estate owned by an infant under fourteen years of age, or of an insane or ex-service person, and it appears that a guardian ad litem has been duly appointed to protect such infant's or insane or ex-service person's interest and that such guardian has filed an answer for such infant, insane or ex-service person, or has answered in his own proper person, no deed acquired by a bona fide purchaser in such proceedings shall be invalid because such guardian failed to file both of such answers; provided, it further appears that such infant's insane person's or exservice person's rights have been duly protected by such guardian ad litem in other particulars of such suit, and that such proceedings have been fairly and 'honestly conducted without suspicion of any attempt to injure or defraud such infant, insane or ex-service person. (1918, p. 424; 1930, p. 764; Michie Code 1942, § 5337a; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

§ 8-681. Validation of sales in suits to discharge superior liens.--All sales of real estate made prior to June twenty-seventh, nineteen hundred and forty-two in chancery suits instituted and conducted under the provisions of this article, when the purpose of such suits was to pay off and discharge liens on such real estate superior to the rights of the persons for whose benefit the suits were instituted, and the deeds made to the purchasers of such real estate under the direction of the courts in which such suits were pending, are hereby declared to be valid and of the same force and effect as if such suits had been instituted and

conducted for one of the purposes set out in this article, provided all the proceedings in the suits were regularly conducted in accordance with the provisions of this article and all necessary persons made parties thereto. (1942, p. 386; Michie Code 1942, § 5338b.)

§ 8-682. When sale, lease, encumbrance or exchange may be made.—If it be clearly shown, independently of any admissions in the answers, that the interest of the infant, insane, ex-service or other person in interest, or beneficiaries in the trust, as the case may be, will be promoted, and the court is of opinion that the rights of no person will be violated thereby, it may decree an encumbrance or a sale of such estate or real estate, or any part thereof, or the redemption or recovery thereof pursuant to the provisions of an act of Congress, approved June thirteenth, nineteen hundred and thirty-three, known as the Home Owners' Loan Act of nineteen hundred and thirty-three, or if it be real estate an exchange of the whole, or any part thereof, for other real estate or a sale or exchange of timber, coal, oil, gas and minerals thereon or any or either of them, or a lease of such real estate or any part thereof, or a lease of the coal, oil, gas and minerals thereon, or of any or either of them, for such term of years as the court may deem proper, taking for the purchase money, in case of a sale on credit, ample security, and if the sale be of real estate, retaining a lien thereon; or the court may decree that the real estate or any part thereof may be encumbered for the purpose of borrowing money to pay debts, or to educate or support infants, or to preserve the estate or to erect buildings, or other improvements on such real estate upon such terms and conditions as may appear proper. (Code 1919, § 5340; 1922,

p. 187; 1934, p. 852; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Cross reference.-See § 8-675 and notes.

Sale to pay debts of decedent is not authorized.-Nowhere in this chapter is there any authority for the sale of infant's lands or a confirmation of such a sale for the purpose of paying the debts of a testator or intestate by or from whom the title to the lands has been devised or inherited by the infants. The purposes for which such a decree for sale may be entered by a trial court are only those found in this section. Clark v. George, 161 Va. 104, 170 S. E. 713.

§ 8-683. What court to be shown in certain cases.-In case of a lease on such real estate or a lease of the coal, oil, gas and minerals thereon, or of any or either of them, the contract proposed to be executed by such guardian, committee, executor or trustee, shall, before being executed, be submitted to and approved by such circuit, chancery or corporation court. If the object sought is to encumber the real estate to borrow money to be used to erect buildings or other improvements thereon, or to pay off debts against the estate, the kind of buildings or improvements to be erected and the estimated cost hereof, or the debts to be paid off, and the nature and the amount thereof, as the case may be, shall be specifically set forth, either in the body of the bill or petition, or in exhibits filed therewith; and the decree shall not authorize the borrowing of any greater amount than may be necessary for such purpose, and shall so provide that a report of the disbursement of the money so borrowed be made to the court and become a part of the record in the cause. (Code 1919, § 5340; 1922, p. 188; 1934, p. 852.)

§ 8-684. Who not to be a purchaser, nor interested with lessee. At such sale neither the guardian, guardian ad litem, committee, trustee, nor lessee under any such lease, shall be a purchaser directly or indirectly. (Code 1919, § 5341.)

Cross reference. As to application of this section in suits to sell certain contingent and other estates, see § 8-703.2.

This section was enacted for the benefit and protection of the persons under disability, and not of their guardians, committees or trustees. Redd v. Jones, 30 Gratt. (71 Va.) 123. Sale is not void but voidable.-Where land is sold under a decree of court in pursuance of a bill filed by the committee of an insane person and purchased by the committee contrary to this section, the sale is voidable and not void. It is in force until set aside, and this cannot be done collaterally. Cline v. Catron, 22 Gratt. (63 Va.) 378.

And in some cases might be sustained.-There may be a case in which a purchase made by a guardian or other fiduciary, of the land of his ward or other beneficiary, sold under this chapter, would and ought to be sustained and enforced. Redd v. Jones, 30 Gratt. (71 Va.) 123.

And bona fide purchaser will be protected.-A sale could not be set aside at the instance of an heir at law of a lunatic on the ground that the committee was himself the real purchaser, where the land had been conveyed to a trustee to secure a bona fide debt, and the party seeking to set aside the sale failed to allege notice to the trustee or the beneficiary of the fact relied on to set aside the sale, especially when the party seeking to set aside the sale herself joined in the deed of trust. Carter v. Allen, 21 Gratt. (62 Va.) 241. § 8-685. How proceeds from disposition to be secured and applied; when same may be paid over. The proceeds of sale, or rents, income, or royalties, arising from the sale or lease, or other disposition, of lands of persons under disabilities, whether in a suit for sale or lease thereof, or in a suit for partition, or in condemnation proceedings, shall be invested under the direction of the court for

the use and benefit of the persons entitled to the estate; and in case of a trust estate subject to the uses, limitations, and conditions, contained in the writing creating the trust. The court shall take ample security for all investments so made, and from time to time require additional security, if necessary, and make any proper order for the faithful application and safe investment of the fund, and for the management and preservation of any properties or securities in which the same has been invested, and for the protection of the rights of all persons interested therein, whether such rights be vested or contingent; but nothing hereinbefore contained shall prevent the court having charge thereof from directing such funds when the sum to be distributed on behalf of any one person does not exceed two thousand dollars, to be paid over to the legally appointed and qualified guardian, committee or trustee of the infant, insane or ex-service person, whenever the court is satisfied that the guardian or committee has executed sufficient bond, or from applying at any time all or any portion thereof to the proper needs and requirements of the ward, or of the insane or ex-service person. After the ward shall have arrived at the age of twenty-one years or the insane or ex-service person shall have been restored to sanity, the court may order that the entire amount of the fund, or any part thereof, be paid over to him, regardless of such needs and requirements. (Code 1919, § 5342; 1926, p. 870; 1928, p. 747;

1942, Ex. Sess., p. 26; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Cross references.-As to investment by court of proceeds of sale by real estate of nonresident infant, insane person, or cestui que trust, see § 26-61. As to application of proceeds under alternative procedure for sale of lands of insane person, see § 8-689.3. As to applicability of this section in proceedings to sell or lease certain contingent and other estates, see § 8-703.2.

Proceeds can be paid only as provided in this section.--After sale of an infant's lands, the court can only have the proceeds paid, for purposes of investment, into the hands of some person, who may or may not be the infant's guardian, upon special bonds being given for the care of the same, as prescribed by this section. Pope v. Prince, 105 Va. 209, 52 S. E. 1009.

§ 8-686. Wife of insane, etc., husband may release her dower in lands so sold.— When a decree or order is made under this chapter for the sale of real estate of an insane or infant husband or an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141, his wife, if of the age of twenty-one years, may, if she thinks fit, join in the conveyance, and thereby release her right of dower, or sell and convey all her estate and interest in the granted premises in like manner as she might have done by a conveyance thereof, made jointly with the husband if he had been under no legal disability. 1919, § 5344; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

(Code

§ 8-687. Same right in proceeds of sale to be secured to her or compensation made. In case of any such release by the wife of her right of dower, or of any such conveyance of her own estate, the proceeds of the sale shall be so disposed of under the order of the court directing the sale as to secure to her the same right, use, and benefit of and in the principal sum and the income thereof that she would have had of and in the real estate and the income thereof, if it had not been sold; or if she prefer it, she may receive or have secured to her out of such proceeds, such sum in gross as in the opinion of the court may be sufficient to compensate her for her interest in such real estate. (Code 1919, § 5345.) § 8-688. How dower or curtesy of insane spouse passed; rights in purchase money. If the husband of an insane wife or of an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141 wishes to sell or encumber real estate and to have her right of dower therein released, or if the wife of an insane husband or of an ex-service person for whom a trustee shall have been appointed under the provisions of § 37-141 wishes to sell or encumber real estate and have his right of curtesy therein released, he or she, as the case may be, may petition the circuit court of the county or circuit or corporation court of the corporation in which such estate, or some part thereof is. To such petition such insane person and his or her committee, if there be one, or such ex-service person and his trustee, shall be made parties defendant, and the court shall appoint a guardian ad litem for such insane defendant or ex-service person, who, as well as such committee, if there be one, or such trustee, shall answer the petition on oath. If it appears to the court to be proper, an order may be made for the execution of such release by a commissioner to be appointed by the court for that purpose, which release shall be effectual to pass such right of dower or of curtesy, as the case may be. But, in the case of a sale the court shall make such order as in its opinion may be proper to secure to the insane wife or husband, or the ex-service person, as the case may, the same interest in the purchase money and the income thereof that she or he would have had in the real estate and income thereof if it had not

been sold, or, at the discretion of the court, to secure to her or to him, as the case may be, out of the purchase money, such sum in gross as in the court's opinion may be sufficient to compensate her for right of dower or him for right of curtesy. (Code 1919, § 5346; 1926, p. 873; 1946, p. 71; Michie Suppl. 1946, § 5334a.)

Proceeding cannot be ex parte.-The husband of an insane wife cannot, by proceeding on an ex parte petition, deprive his wife of her contingent right of dower in his real estate. The proceeding under this section must be inter partes, the wife must be made a party thereto, and after notice, have an opportunity to be heard, or else the proceeding is void. Hess v. Gale, 93 Va. 467.

CODE OF VIRGINIA, 1950, VETERANS GUARDIANSHIP, TITLE 8, § 8-691

§ 8-694. Disposition of share in proceeds of infant or insane person.-The court making an order for sale shall, when the dividend of a party exceeds fifteen hundred dollars, if such party be an infant or insane, order the same to be invested as the proceeds of a sale under article 2 of this chapter are required to be invested. If such dividend does not exceed fifteen hundred dollars the same shall be paid to the guardian of such infant, or committee of such insane person, the court being first satisfied that such guardian or committee has given bond in sufficient penalty and with sureties sufficient for the security of the same; but if the interest of any person be held in trust the dividend of such person, whether greater or less than fifteen hundred dollars, shall be paid to the trustee, upon his giving bond as trustee, with sufficient surety, to be held by him upon the same trusts as the interest of such person in the land was held. (Code 1919, § 5281; 1922, p. 769; 1926, p. 45; 1928, p. 1013.)

VETERANS GUARDIANSHIP, WASHINGTON CODE (PIERCE), 1943, § 206-51 AN ACT relating to probate procedure and guardians for minors, insane and incompetent persons. Approved January 12, 1926. L'25ExSc104.

206-51 Requested Notices-Hearings.-§ 1. At any time after the issuance of letters of guardianship in the estate of any minor, insane or incompetent person, any person interested in said estate, or in such minor, insane or incompetent person, or any relative of such minor, insane or incompetent person, or any authorized representative of any agency, bureau, or department of the United States government from or through which any compensation, insurance, pension or other benefit is being paid, or is payable, may serve upon such guardian, or upon the attorney for such guardian, and file with the clerk of the court wherein the administration of such guardianship estate is pending, a written request stating that special written notice is desired of any or all of the following matters, steps or proceeding in the administration of such estate:

1. Filing of petition for sales, leases or mortgages of any property of the estate. 2. Filing of all intermediate or final accountings or accountings of any nature whatsoever. 3. Petitions by the guardian for family allowances or allowances for the ward or any other allowance of every nature from the funds of the estate. 4. Petitions for the investment of the funds of the estate.

Such request for special written notice shall designate the name, address and post office address of the person upon whom such notice is to be served and no service shall be required under this act other than in accordance with such designation unless and until a new designation shall have been made.

When any account, petition, or proceeding is filed in such estate of which special written notice is requested as herein provided, the court shall fix a time for hearing thereon which shall allow at least ten days for service of such notice before such hearing; and notice of such hearing, together with a copy of any such account, petition or proceeding, shall be served upon the person designated in such written request at least ten days before the date fixed for such hearing. If the place designated for such service is outside of the city in which is located the court in which such estate is being administered, the service may be made by leaving a copy with the person designated, or by mailing through the United States mail, with postage prepaid to the person and place designated; otherwise the service may be made by leaving a copy with the person or his authorized representative, at the place designated. 25Exc104 PC9920-1 RRS1586–1.

U. S. veterans' bureau invoked statute to protect pensioners, In re Strozyk, 156W233

VETERANS GUARDIANSHIP, WEST VIRGINIA CODE SUPPLEMENT, 1953, § 4300. ARTICLE 15. VETERANS' GUARDIANSHIP AND COMMITMENT

§ 4300. [14] Commitment to Veterans Administration or Other Agency of United States Government.-Whenever it appears that a veteran of any war, military occupation or expedition is eligible for care or treatment by the veterans administration or other agency of the United States government, and commitment thereto is necessary for the proper treatment and care of such veteran, the county court, the county mental hygiene commission, or other tribunal or commission in lieu of either thereof, of the county in which such person is found, upon receipt of a certificate from the veterans administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to the veterans administration or other agency of the United States government for care or treatment. Thereafter, such person, upon admission to any such facility, shall be subject to the rules and regulations of the veterans administration or other agency of the United States government. The chief officer of any such facility or institution to which such person is committed under the provisions of this section shall be vested with the same powers now exercised by officials of state hospitals for mental diseases within this state with respect to the retention, transfer, parole or discharge of persons so committed. Notice of such pending commitment proceedings shall be furnished the person whose commitment is sought,. and his right to appear and defend shall not be denied. The judgment or order of commitment by a court of competent jurisdiction of another state committing a person to the veterans administration or other agency of the United States government for care or treatment, shall have the same force and effect as to such person while in this state as in the state in which is situated the court entering such judgment or making such order.

Upon receipt of a certificate of the veterans administration or other agency of the United States government that facilities are available for the care or treatment of any person heretofore or hereafter committed to any hospital for the insane or other institution in this state for the care of persons similarly afflicted; and that such person is eligible for care or treatment by the veterans administration or other agency of the United States, the superintendent of any such hospital or institution in this state is hereby authorized to cause the transfer of any such person to the veterans administration or other agency of the United States government for care or treatment. Upon effecting any such transfer, the committing court, commission or tribunal shall be notified thereof by the transferring agency: Provided, however, that no person shall be transferred if he be confined pursuant to conviction of any crime or misdemeanor, or if he shall have been acquitted of any such charge solely on the ground of insanity, unless prior to such transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

Any person transferred as provided in this section shall be deemed to be committed to the veterans administration or other agency of the United States government pursuant to the original commitment the same as if he had been originally so committed. (1929, c. 82, § 14; 1941, c. 127; 1953, c. 7.)

Effect of Amendment of 1953.-The amendment rewrote the first sentence of the first paragraph and inserted the words "commission or tribunal" in the second sentence of the second paragraph.

VETERANS GUARDIANSHIP WEST VIRGINIA CODE, 1949, §§ 4287-4304

LEGISLATIVE NOTE.-This article includes c. 82, Acts 1929, omitted by the joint legislative committee.

§ 4287. [1] Scope of Article.-Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, the appointment of a guardian or committee to act in a fiduciary capacity for any person is required prior to payment of benefits, pensions, compensation for service or for any other reason for which payments are due to such person from the government of the United States or any bureau or agency thereof, the United States, or the chief officer of any such bureau of agency of the government, shall be a party in interest in any proceeding for the appointment or removal of a committee or of a guardian or for the removal of the disability of minority or mental incapacity of a ward, or in any suit or other proceeding affecting in any manner the administration by the committee or the guardian of the estate of any ward whose estate includes assets