57-11 - Suits by and against trustees. - Virginia Statutes

§ 57-11. Suits by and against trustees.

Such trustees, and such as are mentioned in §§ 57-21, 57-22, and 57-23, may,in their own names, sue for and recover any real or personal estate held bythem respectively in trust, or damages for injury thereto, and be sued inrelation to the same. Such suit notwithstanding the death of any of thetrustees, or the appointment of others, shall proceed in the names of thetrustees by or against whom it was instituted.

In any case where such trustees shall have given any deed of trust, orencumbered such real or personal estate in any manner to secure any debt, andsuch trustees have since died, and such church diocese, religiouscongregation or organization has become extinct, or has ceased to occupy theproperty, so that it may be regarded as abandoned property, the beneficiaryentitled to the debt secured by such deed of trust or encumbrance, may forthe purpose of subjecting the estate to the payment of such lien, institute asuit in equity in the circuit court of the county or city in which theproperty or the greater part thereof is, against the members of such churchdiocese or religious congregation or organization as parties unknown,proceeding by order of publication as provided by Chapter 8 (§ 8.01-285 etseq.) of Title 8.01.

(Code 1919, § 42; 1918, p. 409; 1920, p. 9; 1962, c. 516; 2005, c. 772.)