State Codes and Statutes
Statutes > Virginia > Title-64-1 > Chapter-6 > 64-1-142§ 64.1-142. Exercise of discretionary powers by surviving executors oradministrators with the will annexed.
When discretionary powers are conferred upon the executors of any willheretofore or hereafter executed and some but not all of such executors die,resign or become incapable of acting, the executors or executor remainingshall thereafter exercise the discretionary powers given in such will, unlessit be expressly provided in such will that the discretionary powers cannot beexercised by any number less than all of the original executors named.
When discretionary powers are conferred upon the executors of any willheretofore or hereafter executed and all of the executors named in such willdie, resign or become incapable of acting, or when there is only one executornamed and such sole executor dies, resigns or becomes incapable of acting,then in such event the administrators with the will annexed or administratorwith the will annexed appointed by the court shall exercise the discretionarypowers vested in the original executors or executor, unless the discretionarypowers in such will are by express language limited or restricted to theexecutors or executor named therein.
(Code 1950, § 64-132; 1968, c. 656.)
