Over the past several years it has become increasingly apparent that there is wide variance in the interpretation of our laws relating to settling of estates; primarily, as to the accounting of fiduciaries, filing of inventories and appraisements, and the practice of approving accounts by Commissioners of Accounts. Realizing that the problems existing in this vital area could not be solved by piece-meal amendments, the General Assembly of Virginia, at its 1964 Session, directed the Virginia Advisory Legislative Council to study and report upon the laws relating to Commissioners of Accounts and fiduciaries and related matters. The Council was directed to recommend any changes in the statutory law which will clarify the respective duties of Fiduciaries and Commissioners of Accounts. Senate Joint Resolution No. 20 directed the study.

J. C. Hutcheson, of Lawrenceville, member of the Senate of Virginia and member of the Council, was selected as Chairman of the Committee to make the preliminary study and report to the Council. The following persons were chosen to serve as members of the Committee with Senator Hutcheson: Edward L. Breeden, Jr., Attorney, Assistant Commissioner of Accounts and member of the Senate of Virginia, Norfolk; Hale Collins, Attorney and member of the Senate of Virginia, Covington; William P. Dickson, Jr., Attorney, Norfolk; George T. Ellis, Senior Vice-President and Trust Officer, First National Exchange Bank of Virginia, Roanoke; Brockenbrough Lamb, former Judge, Chancery Court, Richmond; Robert J. McCandlish, Jr., Attorney and Commissioner of Accounts, Fairfax; Miles Poindexter, II, Vice-President and Trust Officer, American National Bank and Trust Company, Danville; Charles H. Ryland, Attorney and Commissioner of Accounts, Warsaw; Virginius R. Shackelford, Jr., Attorney and Commissioner of Accounts, Orange; K. MacFarlane Smith, Attorney, Arlington; William B. Spong, Jr., Attorney, Commissioner of Accounts and member of the Senate of Virginia, Portsmouth; W. Carrington Thompson, Attorney and member of the House of Delegates, Chatham; and McDonald Wellford, Attorney and Commissioner of Accounts, Richmond.

The Committee organized and elected Mr. W. Carrington Thompson Vice-Chairman. John B. Boatwright, Jr. and Robert L. Masden served as Secretary and Recording Secretary, respectively, to the Committee.

Although no specific limitations were set forth in the resolution directing the study, the consensus of the Committee was that because of time limitations and the complexity of the study, the Committee should confine itself primarily to a study of Commissioners of Accounts and their relationships with fiduciaries.

To gain full appreciation of all the problems involved, the Committee sought the recommendations and suggestions of all Commissioners of Accounts, judges and clerks of court having probate jurisdiction, throughout the State. Appropriate notice was also given to all attorneys through the Virginia Bar News with the request that they submit any suggestions for recommendations to the Committee which they might have pertaining to the matters under study.

The Committee also sought the views of all interested individuals, groups and organizations throughout the State. After appropriate publicity, the Committee held a public hearing on March 8, 1965 at the State Capitol, which was well attended.

The Committee gave careful consideration the large volume of information and material compiled and the views expressed at the public hearings. After thorough discussion and deliberation of all aspects of the problems involved in, the study, the committee made its report to the Council. The Council has reviewed the report of the Committee and now presents its findings and recommendations, and reasons therefor.