West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 4,101–4,150 of 6,321 sections
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43-1-5 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower How Lands May be Sold Free of Inchoate Rights of Dower In any suit or proceeding for partition, or for the purpose of subjecting lands to the payment of debts or liens subordinate to dower, or for any other purpose,… Proofed
43-1-6 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Proceedings for Release of Dower in Real Estate Which Owner has Contracted to Sell If the owner of real estate contracts to sell the same, and the spouse of such owner refuses to release his or her dower interest therein, such owner, or the pe… Proofed
43-1-7 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Dower Barred by Jointure If any estate, real or personal, intended to be in lieu of dower, shall be conveyed or devised for the jointure of the husband or wife, such conveyance or devis… Proofed
43-1-8 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Waiver of Jointure and Demand of Dower But if such conveyance or devise was before the marriage, without the assent or during the infancy of the other spouse, or if it was after the marriage, in eith… Proofed
43-1-9 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Dower on Deprivation of Jointure If a surviving spouse be lawfully deprived of his or her jointure, or any part thereof, he or she shall be endowed of so much of the real estate whereof, but fo… Proofed
43-1-10 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Rights of Surviving Spouse Before Dower Assigned Until dower is assigned, the surviving spouse may hold, occupy, and enjoy the mansion house and curtilage without charge for rent, repairs, taxes, or insurance;… Proofed
43-1-11 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Mansion House to Surviving Spouse With Minor Children Notwithstanding the provisions of the preceding section, upon the death of any person leaving him or her surviving a spouse and minor children of the deceased a… Proofed
43-1-12 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Assignment of Dower Dower may be assigned as at common law; or upon the motion of the surviving spouse, or the heirs, devisees, or alienees, or any of them, the circuit court of th… Proofed
43-1-13 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Remedy for Recovery of Dower surviving spouse having a right of dower in any real estate may recover such dower, and damages for its being withheld, by such remedy at law as would lie on be… Proofed
43-1-14 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Amount of Recovery; Damages In every such case a recovery of dower in such real estate in kind shall be of a third of the estate as it is when the recovery is had. Against the heirs or dev… Proofed
43-1-15 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Rights of Alienees of Deceased Spouse The two preceding sections are subject to this qualification, that any person claiming under an alienation made by the deceased spouse or under a sale made in p… Proofed
43-1-16 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Judgment Against Deceased Spouse or Guardian by Default or Collusion; Assignment of Dower by Guardian No surviving spouse shall be precluded from his or her dower by reason of the real estate whereof he or she claims dower having been recovered from the other sp… Proofed
43-1-17 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Crops on Dower Land Crops growing on the dower land of the surviving spouse at the time of his or her death may be bequeathed by him or her, and shall go to his or her a personal r… Proofed
43-1-18 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower Curtesy Abolished Tenancy by the in curtesy is abolished. Proofed
43-1-19 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Dower When Dower Barred by Misconduct If a husband or wife of his or her own free will leave his or her spouse and live in adultery, and be not afterwards reconciled to, and live with, such spouse, … Proofed
43-2-1 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Valuation of Life Estates Gross Sum in Payment of Life Estates When a party as a tenant for life, or in dower, or by the curtesy, or otherwise, is entitled to the annual interest on a sum of money, or is entitled to the use… Proofed
43-2-2 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Valuation of Life Estates Rule of Calculation Calculate the interest at five per cent upon the sum to the income of which, or upon the value of the property to the use of which, the person is entitled. Mult… Proofed
43-2-3 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Valuation of Life Estates Examples Suppose a person whose age is fifty is tenant for life in the whole of an estate worth nine thousand dollars. The annual interest on that sum at five per cent i… Proofed
43-2-4 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Valuation of Life Estates Method of Computing Value of Inchoate Right of Dower The present value of an inchoate right of dower shall be determined by finding the present value of an annuity, for the life of the spouse entitled to dower, eq… Approved
43-2-5 Ch. 43 — DOWER AND VALUATION OF LIFE ESTATES Valuation of Life Estates Same; Example Suppose it is desired to find the present value of the wife’s inchoate right of dower in real estate worth $150,000 where the husband’s age is 40 and the wife’s… Proofed
44-1-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Executor Has No Powers Before Qualifying A person appointed by a will executor thereof shall not have the powers of executor until he qualify as such by taking an oath and giving bond before the county… Proofed
44-1-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Administration With the Will Annexed If there be no executor appointed by the will, or if all the executors therein named refuse the executorship, or fail when required to give such bond, which sha… Proofed
44-1-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Oath of Executor or Administrator With Will Annexed The oath of an executor, or of an administrator with the will annexed, shall be that the writing admitted to record contains the true last will and testament of… Proofed
44-1-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Appointment of Administrator When a person dies intestate the jurisdiction to hear and determine the right of administration of his estate shall be in the county court, or clerk thereof dur… Proofed
44-1-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives When Curator May be Appointed; His Duties The county court, or clerk thereof during the recess of the regular sessions of such court, may appoint a curator of the estate of a decedent, during a contest … Proofed
44-1-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Bond and Oath; Termination of Grant in Certain Cases At the time of the grant of administration upon the estate of any intestate, the person to whom it is granted shall, in the court or before the clerk granting i… Proofed
44-1-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Penalty of Bond Every bond of an executor or administrator shall be in a penalty equal, at the least, to the full value of the personal estate of the deceased to be administere… Proofed
44-1-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives When Executor Not to Give Security on Bond Where the will directs that an executor shall not give security, it shall not be required of him, unless he be a nonresident of the State, or unless at the time… Proofed
44-1-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Administration De Bonis Non Upon Death, Resignation or Removal of Executor; Executor of Executor Has No Authority Over Estate of First Testator On the death, resignation or removal of the sole surviving executor of any last will, administration of the estate of the testator, not already administered, ma… Proofed
44-1-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Marriage of Female Representative Does Not Extinguish Authority Where an unmarried woman who is personal representative, either alone or jointly with another, shall marry, her husband shall not be a personal representative i… Proofed
44-1-11 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives When Sheriff to Administer Estate If at any time two months elapse without there being an executor or administrator of the estate of a decedent (except during a contest about the decedent’s will… Proofed
44-1-12 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Letters of Administration A copy of the order whereby certificate is granted to any personal representative for obtaining probate or letters of administration, shall be as effectual as t… Proofed
44-1-13 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives List of Heirs and Distributees; Record of Same At the time of the qualification of an executor or administrator, the court or clerk before whom he qualifies shall require such executor or administrator to fi… Proofed
44-1-14 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Appraisal of Estates The real and personal estate of every deceased person shall be appraised as follows: The court or clerk by whose order any person is authorized to act as person… Proofed
44-1-15 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Duty of Personal Representative; Debt Not Extinguished by Appointment of Debtor as Executor It shall be the duty of every personal representative to administer well and truly the whole personal estate of his decedent. The appointment of a debtor as exe… Proofed
44-1-16 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives When Administrator De Bonis Non May Administer Assets for Which Former Personal Representative Liable When the powers of a personal representative have ceased and an administrator de bonis non of the decedent’s estate has been appointed and qualified, it shall b… Proofed
44-1-17 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Food and Fuel for Family The provisions and fuel (or so much thereof as may be necessary) which, at the death of any person, shall have been laid in for consumption in his family, shall… Proofed
44-1-18 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives What Estate Not to be Sold Unless it be necessary for the payment of funeral expenses, charges of administration or debts, the personal representative shall not sell estate which the will… Proofed
44-1-19 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Sale of Goods Likely to be Impaired in Value Of the goods not mentioned in the preceding section, other than such as are exempt by any provision of law, the personal representative shall, as soon as conven… Proofed
44-1-20 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives When to Sell the Other Goods If the goods so sold be not sufficient to pay the funeral expenses, charges of administration, debts and legacies, the personal representative shall sell so muc… Proofed
44-1-21 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Estate for Life of Another is Assets Any estate for the life of another shall go to the personal representative of the party entitled to the estate, and be assets in his hands, and be applied and d… Proofed
44-1-22 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Suits by and Against A personal representative may sue or be sued upon any judgment for or against, or any contract of or with, his decedent. Proofed
44-1-23 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Actions for Goods Carried Away, Waste or Damage to Estate of or by Decedent An action of trespass on the case may be maintained by or against a personal representative for the taking or carrying away of any goods, or for the waste or de… Proofed
44-1-24 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Action for Waste by Representative A suit may be maintained against the personal representative of an executor in his own wrong, or the personal representative of a rightful executor or administr… Proofed
44-1-25 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Administrator De Bonis Non May Have Scire Facias Where a suit is pending or a judgment or decree has been rendered in this State in favor of a personal representative, upon a contract made or for a cause of ac… Proofed
44-1-26 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Action on Bond of Personal Representative Where an execution on a judgment or decree against a personal representative is returned without being satisfied, there may be forthwith brought and prosecuted … Proofed
44-1-27 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Personal Representatives Not Chargeable Beyond Assets; Pleas Allowed No personal representative or any surety of his shall be chargeable beyond the assets of the decedent by reason of any omission or mistake in pleading or false … Proofed
44-2-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Proof and Allowance of Claims Estate of Decedent to be Referred to a Commissioner of Accounts Upon the qualification of any personal representative, the estate of his decedent shall, by order of the county court to be then made, be referred to a commissi… Proofed
44-2-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Proof and Allowance of Claims Commissioner to Publish Notice of Time for Receiving Claims Against Decedent’s Estate Within one month next succeeding the reference of the estate to a commissioner of accounts, he shall appoint a convenient time and place when and where claims a… Proofed
44-2-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Proof and Allowance of Claims Commissioner to Certify to Publication of Notice In his certificate to the report of claims against the estate, to be made as hereafter provided, the commissioner of accounts shall certify that the notice was … Proofed
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