§ 64.1-142. Exercise of discretionary powers by surviving executors or administrators with the will annexe...
When discretionary powers are conferred upon the executors of any will heretofore or hereafter executed and some but not all of such executors die, resign or become incapable of acting, the executors or executor remaining shall thereafter exercise the discretionary powers given in such will, unless it be expressly provided in such will that the discretionary powers cannot be exercised by any number less than all of the original executors named.
When discretionary powers are conferred upon the executors of any will heretofore or hereafter executed and all of the executors named in such will die, resign or become incapable of acting, or when there is only one executor named and such sole executor dies, resigns or becomes incapable of acting, then in such event the administrators with the will annexed or administrator with the will annexed appointed by the court shall exercise the discretionary powers vested in the original executors or executor, unless the discretionary powers in such will are by express language limited or restricted to the executors or executor named therein.
(Code 1950, § 64-132; 1968, c. 656.)
Sections: Previous 64.1-136 64.1-136.1 64.1-137 64.1-138 64.1-139 64.1-140 64.1-141 64.1-142 64.1-143 64.1-144 64.1-145 64.1-146 64.1-147 64.1-148 64.1-149 NextLast modified: April 3, 2009