2006 Code of Virginia § 55-195 - In favor of creditor of decedent

55-195. In favor of creditor of decedent.

If any debt of a person who died seized of lands escheated to theCommonwealth remain unpaid after all the personal estate of such person hasbeen applied to the payment of his debts, the creditor may file his bill inequity, accompanied with an affidavit that the debt is bona fide due, torecover such debt in the circuit court to which the inquisition of escheatwas returned and make the escheator defendant. If the court upon the evidenceadduced shall be of opinion and decree that the debt or any part thereof isdue, the amount decreed to be due shall be paid by the escheator, if so muchof the proceeds of sale remain in his hands, or out of the state treasury, ifso much of such proceeds shall have been paid into and still remain in thestate treasury, or to the credit of the Literary Fund.

(Code 1919, 516.)

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