Such real estate may be selected and set apart as aforesaid, subject to any paramount encumbrances thereon. If a sale be had to satisfy the encumbrances, the surplus of the proceeds, if any, not exceeding the amount to which the householder is entitled under § 34-4, shall be paid to the householder and invested by him in such other property as he may select.
Va. Code Ann. § 34-7
Real estate, subject to encumbrances, may be set apart; if sold, how surplus disposed of
Applied in 2 court decisions — leading case Sheaffer v. Marshall National Bank & Trust Co. (In Re Sheaffer) (1993)
Most recently applied in Sheaffer v. Marshall National Bank & Trust Co. (In Re Sheaffer) (July 1993)
Code 1919, § 6533.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.