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 by them respectively in trust, or damages for injury thereto, and be sued in relation to the same. Such suit notwithstanding the death of any of the trustees, or the appointment of others, shall proceed in the names of the trustees by or against whom it was instituted.
In any case where such trustees shall have given any deed of trust, or encumbered such real or personal estate in any manner to secure any debt, and such trustees have since died, and such church diocese, religious congregation or organization has become extinct, or has ceased to occupy the property, so that it may be regarded as abandoned property, the beneficiary entitled to the debt secured by such deed of trust or encumbrance, may for the purpose of subjecting the estate to the payment of such lien, institute a suit in equity in the circuit court of the county or city in which the property or the greater part thereof is, against the members of such church diocese or religious congregation or organization as parties unknown, proceeding by order of publication as provided by Chapter 8 (§ 8.01-285 et seq.) of Title 8.01.
Code 1919, § 42; 1918, p. 409; 1920, p. 9; 1962, c. 516; 2005, c. 772.
Structure Code of Virginia
Title 57 - Religious and Charitable Matters; Cemeteries
Chapter 2 - Church Property; Benevolent Associations and Objects
§ 57-3. Appropriation of glebe lands and church property
§ 57-4. Donations to vestries for charitable purposes
§ 57-5. R. E. Lee Camp; Pelham Chapel
§ 57-6. Lee Memorial Association
§ 57-6.1. Validity of literary, educational, and charitable gifts, grants, devises, or bequests
§ 57-7.1. What transfers for religious purposes valid
§ 57-9. How property rights determined on division of church or society
§ 57-10. How trustees to hold personal property
§ 57-11. Suits by and against trustees
§ 57-13. Suits by members against trustees to compel proper application of property
§ 57-14. Suits by members to have land sold or mortgaged
§ 57-15. Proceedings by trustees or members for similar purposes, exception for certain transfers
§ 57-15.1. Order may provide that fiscal officer may sign instrument without personal liability
§ 57-16. Property held, etc., by ecclesiastical officers
§ 57-16.1. Property of unincorporated church held by corporation
§ 57-17. Conveyance of church land held in adverse possession
§ 57-18. Conveyance for charitable purpose to unincorporated bodies or societies
§ 57-19. Conveyances of land to benevolent and other associations to be subject to certain sections
§ 57-20. Quantity of land benevolent and other associations may hold