West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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Showing 3,501–3,550 of 6,321 sections
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35-1-13 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Religious Organizations Validation of Certain Transactions Where any church, religious sect, society, or denomination, or where any individual church, parish, congregation or local branch of any religious sect, society,… Proofed
35-2-1 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Validation of Conveyances, Devises, Gifts and Bequests to Where any conveyance, dedication or devise of land, or transfer, gift or bequest of personal property, has been made or shall be made to trustees for the use of… Proofed
35-2-2 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Same; Appointment of Trustee; Designation of Beneficiaries and Objects; Administration by Chancery Court Cy Pres No conveyance, devise, dedication, gift, grant or bequest hereafter made for any of the uses set forth in the preceding section shall fail or be declared void f… Proofed
35-2-3 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Trustees for Unincorporated Benevolent, Fraternal, Etc., Organizations Any unincorporated benevolent, fraternal, patriotic, literary, temperance, or charitable society, order, lodge or association, or any labor union, or similar as… Proofed
35-2-4 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Trustees for Educational or Charitable Institutions The authorities of any university, college, academy, high school, seminary, or other institution of learning, or the authorities of any orphan asylum, children’… Proofed
35-2-5 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Record of Appointment of Trustees; Recording Fee The trustees heretofore appointed by the circuit court of any county to hold the title to the real and personal property of any society, order, lodge, associati… Proofed
35-2-6 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Trustees of Certain Organizations to be Corporations The trustees of every institution, society, order, organization, or association in this article mentioned (except trustees for any labor union or similar associ… Proofed
35-2-7 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Property of Labor Unions, How Held and Disposed of Sections seven, nine, ten, eleven and twelve of article one of this chapter, relating to the property of religious organizations and the powers of the trustees … Proofed
35-2-8 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Educational, Fraternal and Charitable Organizations Quantity of Real Estate Certain Organizations May Hold Except as may otherwise be allowed by law, the trustees of any society, order, lodge, association, union or brotherhood mentioned in this article may take and h… Proofed
35-3-1 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Acquisition of Real Estate by Unincorporated Grand Lodges; Exemption From Taxation It shall be lawful for the grand lodges of the Knights of Pythias, Independent Order of Odd Fellows, Ancient Free and Accepted Masons, Junior Order United Ameri… Proofed
35-3-2 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Regulations and Boards for Government Any such grand lodge desiring to establish a home or asylum shall adopt and prescribe such rules and regulations for the government and control thereof as may b… Proofed
35-3-3 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Boards to be Corporations; Powers Such boards shall be corporate bodies; and as such shall be governed by all the provisions of law relating to, and have and exercise all the privileges and powe… Proofed
35-3-4 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Corporate Name Each board of directors, trustees, regents, or commissioners, appointed under the provisions of this article, shall be styled and known by such corporate name a… Proofed
35-3-5 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Incorporated Grand Lodges May Establish Homes or Asylums Any grand lodge enumerated in this article, or any similar grand lodge, heretofore or hereafter incorporated as such grand lodge under the laws of this State, s… Proofed
35-3-6 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Homes and Asylums of Fraternal Orders Provisions of Article Not to Apply to Organizations Connected With Churches Nothing in this article contained shall authorize the incorporation of any society or organization connected directly or indirectly with any church, religious s… Proofed
35-4-1 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Provisions Regarding Particular Fraternal Organizations Odd Fellows; Disposition of Property of Subordinate Lodge on Dissolution If any subordinate lodge of the Independent Order of Odd Fellows in this State, working under the jurisdiction of the grand lodge of said order for this State, … Proofed
35-5-1 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Cemeteries Appointment of New Trustees for Burial Grounds Where any conveyance, dedication or devise was made of land for burial grounds, to any church, religious sect, society, congregation or denomination, or to any … Proofed
35-5-2 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Cemeteries Sale of Part of Cemetery The trustees of any burial grounds, or any incorporated cemetery association, whenever it is deemed advisable by such trustees or association, and is not prohib… Proofed
35-5-3 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Cemeteries Permanent Endowment Funds for Cemetery Associations; How Created There is hereby authorized the creation of permanent endowment funds for cemetery associations to be known as “permanent endowment funds,” the income from which… Proofed
35-5-4 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Cemeteries How Invested; Report of Trustee; Disposition of Income The principal of such permanent endowment fund shall be invested in some safe securities, to be approved by the board of directors of such cemetery association,… Proofed
35-5-5 Ch. 35 — PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS Cemeteries Trustee Therefor; Appointment; Bond; Compensation; Vacancy The board of directors of any such cemetery association shall appoint a trustee, who shall be a responsible business man or some solvent and reliable bank or tr… Proofed
36-1-1 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Creation of Estates; Necessity of Deed or Will No estate of inheritance or freehold, or for a term of more than five years, in lands, or any other interest or term therein of any duration under which the who… Proofed
36-1-2 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Power of Attorney to Execute Deed of Land; Necessity of Writing No power of attorney to execute a deed of land for another person shall be valid, unless it be in writing, signed by the person on whose behalf such deed is to … Proofed
36-1-3 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Contracts for Sale or Lease of Land; Necessity of Writing No contract for the sale of land, or the lease thereof for more than one year, shall be enforceable unless the contract or some note or memorandum thereof be in… Proofed
36-1-4 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Creation of Trusts in Lands; Necessity of Writing No declaration of trust of land shall be enforceable, unless it be made in writing, signed by the person who declares such trust or by his agent. If a conveyanc… Proofed
36-1-5 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Gifts of Personal Property No gift of any goods or chattels shall be valid unless made by writing, signed by the donor or his agent, or by will, or unless actual possession shall have com… Proofed
36-1-6 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Declarations of Trust in Personal Property; Necessity of Writing No declaration of trust of any personal property, without consideration, shall be valid unless it be in writing, signed by the person who creates such trust or … Proofed
36-1-7 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Rights of Persons Not Parties to Instrument An immediate estate or interest in, or the benefit of a condition respecting any estate in, property may be taken by a person under an instrument, although he b… Proofed
36-1-8 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Conveyance by Attorney in Fact If, in a deed of land, or a conveyance by writing of personal property, made by one as attorney in fact for another, the words of conveyance or the signature be… Proofed
36-1-9 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Conveyance of Various Interests and Future Estates in Land or Personal Property Any interest in or claim to real estate or personal property may be lawfully conveyed or devised. Any estate in such property may be made to commence in futuro,… Proofed
36-1-10 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Operation of Conveyance in Excess of Actual Interest A deed which purports to convey a greater right or interest in real property than the person making it may lawfully convey shall operate as an alienation of suc… Proofed
36-1-11 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Fee Simple May be Created Without Words of Limitation When any real property is conveyed or devised to any person, and no words of limitation are used in the conveyance or devise, such conveyance or devise shall be… Proofed
36-1-12 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Estates Tail Every estate in lands so limited that, as the law was on the seventh day of October, in the year seventeen hundred and seventy-six, in the State of Virginia, su… Proofed
36-1-13 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Limitations Contingent Upon Death Every limitation in any conveyance or will disposing of real or personal property, contingent upon the dying of any person without heirs, or heirs of the body, … Proofed
36-1-14 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Rule in Shelley’s Case Abolished Wherever any person, by conveyance inter vivos or by will, takes an estate of freehold in land, or takes such an estate in personal property as would be an esta… Proofed
36-1-15 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Contingent Remainder; Validity; Indestructibility A contingent remainder shall in no case fail for want of a particular estate to support it, nor because of the termination of a preceding particular estate by m… Proofed
36-1-16 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Interest in Property Coupled With a Power Of Disposal If any interest in or claim to real or personal property be given by sale or gift inter vivos or by will to one, with a limitation over either by way of remaind… Proofed
36-1-17 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Uses and Trusts; Passing of Legal Title Whenever, by reason of any conveyance by written instrument or by will, the bare legal title to real or personal property is held by one person for the use or b… Proofed
36-1-18 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Trust Estates; Debts of Beneficiaries; Spendthrift Trusts Estates of every kind in real or personal property, holden or possessed in trust, shall be subject to the debts and charges of the persons to whose use or for w… Proofed
36-1-19 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Joint Tenancy; Tenancy by Entireties; Survivorship When any joint tenant or tenant by the entireties of an interest in real or personal property, whether such interest be a present interest, or by way of reversi… Proofed
36-1-20 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally When Survivorship Preserved The preceding section shall not apply to any estate which joint tenants have as executors or trustees, nor to an estate conveyed or devised to persons in their … Proofed
36-1-21 Ch. 36 — ESTATES IN PROPERTY Creation of Estates Generally Alien May Own Land Any alien may take by devise, inheritance, gift or purchase, and hold, convey, devise or otherwise dispose of land within this State as if he were a citizen, an… Proofed
36-2-1 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Sale or Lease of Real or Personal Property Subject to Future Interests Whenever there is, either at law or in equity, in any personal property, or in any land, timber, oil, gas, coal, or other minerals, any contingent remainder, or… Proofed
36-2-2 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Persons Who May File Bill Such bill may be filed by any person having any interest hereinafter mentioned in this section, in the personal property, land, timber, oil, gas, coal, or other… Proofed
36-2-3 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Parties to Such Suit All persons in being who have any vested, contingent, or executory estate or interest, either at law or in equity, in such personal property, land, timber, oil,… Proofed
36-2-4 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Order of Publication An order of publication may be entered and summons may be served against nonresident defendants in like manner and with like force and effect as in other cases,… Proofed
36-2-5 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Guardian ad Litem When a defendant in any suit brought under the provisions of this article is an infant or insane person, a guardian ad litem shall be appointed as provided by s… Proofed
36-2-6 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Contents of Bill The bill shall describe the property sought to be sold or leased with reasonable certainty, and set forth the names of all persons interested in such property, … Proofed
36-2-7 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests Evidence Evidence may be taken as in other suits in chancery, or the court may hear the evidence in open court. If heard in open court, the court may, and on the motion … Proofed
36-2-8 Ch. 36 — ESTATES IN PROPERTY Disposition of Estates Subject to Future Interests When Sale or Lease May be Made If it be clearly shown by the pleadings and proof that the interest of the person filing such bill will be promoted by the sale, lease or other conveyance of th… Proofed
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