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 4,201–4,250 of 6,321 sections
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44-4-19 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Accounting by Fiduciaries Examination and Correction or Recommital of Report The court, at its first regular term occurring not less than ten days after the report has been filed in the office of its clerk, shall examine the same, with t… Proofed
44-4-20 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Accounting by Fiduciaries Effect of Confirmation of Report; How Made Conclusive The report, to the extent to which it may be so confirmed by the county court, or confirmed on appeal by the circuit court, shall be taken to be correct, and sh… Proofed
44-4-21 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Accounting by Fiduciaries Investment of Funds May be Ordered When it appears by a report made as aforesaid or a special report of the commissioner of accounts that money is in the hands of any such fiduciary, the court, b… Proofed
44-4-22 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Accounting by Fiduciaries Disbursement of Balance After Settlement; Suit to Compel Disbursement; Final Report of Fiduciary Following Disbursement When a court shall have confirmed, either in whole or in a qualified manner, a report of the accounts of any guardian, curator, committee, or trustee, as afores… Proofed
44-4-23 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Accounting by Fiduciaries How Fiduciary Accounts Settled in Suits to be Recorded When the account of any fiduciary is settled in a suit, it shall be the duty of the clerk of the court in which such suit is, within ten days after the close of… Proofed
44-5-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries List of Fiduciaries The clerk of the county court of each county shall keep a record, to be known as the “Record of Fiduciaries,” in which he shall enter, in separate columns, firs… Proofed
44-5-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Fiduciary Records of Circuit Court be Deposited in County Clerk’s Office The circuit court of each county shall, as soon as may be after this Code becomes effective, direct its clerk to transfer to the office of the clerk of the coun… Proofed
44-5-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Nonresident Not to be Appointed Notwithstanding any other provision of law, no person not a resident of this State shall be appointed or act as executor, administrator, curator, guardian, or c… Proofed
44-5-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Who Not to be Accepted as Surety on Fiduciary’s Bond A judge of the circuit court, member of the circut court, clerk or deputy clerk of the circuit or county court, sheriff or deputy sheriff, a commissioner of acc… Proofed
44-5-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries When Additional or New Bond May be of Required of a Fiduciary, or His Authority be Revoked The court under whose order, or under the order of whose clerk, any such fiduciary derives his authority, when it appears proper on any report of the clerk or a… Proofed
44-5-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Jurisdiction of Court on Revocation of Fiduciary’s Authority After the date of any order revoking and annuling the powers of any fiduciary, the court in which he qualified shall exercise such jurisdiction, either by appoi… Proofed
44-5-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Authority of Fiduciaries to Compound and Compromise Liabilities Due to or From Them It shall be lawful for any guardian, committee, or trustee, to compound and compromise any liability due to or from him, provided that such compounding and comp… Proofed
44-5-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries How Transfer of Securities to Successor Compelled When any securities for money loaned or invested, or any money, or property of any kind or nature, shall be standing in the name of any fiduciary who shall have… Proofed
44-5-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Costs in Proceedings to Compel Fiduciaries to Comply with Law The costs of any proceedings, authorized or directed to be brought against any fiduciary to enforce or compel his compliance with the requirements of the law, s… Proofed
44-5-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS General Provisions as to Fiduciaries Powers of Clerk of County Court in Certain Counties In each county in which there exists a separate tribunal for police and fiscal purposes, created under article eight, section thirty-four, of the Constitution o… Proofed
44-6-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Investments by Fiduciaries Fiduciaries to Put Money Out at Interest Executors, administrators, guardians, curators, committees, or trustees may, by direction of the circuit court of the county where they were appointed or qualif… Proofed
44-6-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Investments by Fiduciaries In What Securities Fiduciaries May Invest Trust Funds Any executor, administrator, guardian, curator, committee, trustee, or other fiduciary whose duty it may be to loan or invest money intrusted to him as such, ma… Proofed
44-6-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Investments by Fiduciaries Authority for Investment When any fiduciary desires the authority or direction of the circuit court with respect to the investment of any funds in his hands, he shall file his petition … Proofed
44-6-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Investments by Fiduciaries Beneficiaries May Have Fiduciary Instructed by Court as to Investments The circuit court of the county where any fiduciary qualified, or the judge of such court in vacation, may, on the application of any person interested in the e… Proofed
44-6-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Investments by Fiduciaries Application to Circuit Court for Directions Regarding Estate Held to Meet a Contingency Whenever, under the provisions of a will, it shall be necessary for the personal representative to retain in his hands the personal estate, or any part thereof,… Proofed
44-7-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Resignation of Fiduciaries and Procedure Upon Resignation Fiduciary Desiring to Resign to File Petition; Summons Thereon Any executor, administrator, guardian, curator or committee, desiring to resign his trust, may file his petition for that purpose in the county court of the cou… Proofed
44-7-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Resignation of Fiduciaries and Procedure Upon Resignation Copy of Petition and Summons to be Served on Commissioner of Accounts Such fiduciary as is mentioned in the preceding section shall cause to be served, on the commissioner of accounts whom the county court shall designate, a copy … Proofed
44-7-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Resignation of Fiduciaries and Procedure Upon Resignation Hearing on Petition When the summons shall have been served upon all the parties named and referred to in the petition, and any necessary order of publication shall have been duly … Proofed
44-8-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Sale of Property or Receipt of Rents and Profits by Executor or Administrator With Will Annexed Real estate devised to be sold shall, if no person other than the executors be appointed for the purpose, be sold and conveyed, and the proceeds of sale, or the… Proofed
44-8-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Rents, Profits or Proceeds of Sale to be Paid to Persons Entitled It shall be one of the duties of an executor or administrator, by virtue of his office, and as such embraced by his official bond, faithfully to pay the rents a… Proofed
44-8-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Real Estate to be Assets for Payment of Debts All real estate of any person who may hereafter die, as to which he may die intestate, or which, though he die testate, shall not by his will be charged with or… Proofed
44-8-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents By What Court Assets Administered Such assets, so far as they may be in the hands of the personal representative of the decedent, may be administered by the court in whose clerk’s office there i… Proofed
44-8-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Liability of Heir or Devisee for Real Estate Conveyed; When Such Real Estate Not Liable Any heir or devisee who shall sell and convey any real estate, which by this article is made assets, shall be liable to those entitled to be paid out of such as… Proofed
44-8-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Heir or Devisee Liable in Equity; Judgment Against Personal Representative Prima Facie Evidence An heir or devisee may be sued in equity by any creditor to whom a debt is due, for which the estate descended or devised is liable, or for which such heir or d… Proofed
44-8-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Suit to Subject Real Estate to Payment of Debts; Parties; Evidence When the personal estate of a decedent is insufficient for the payment of his debts, his executor or administrator may commence and prosecute a suit in equity t… Proofed
44-8-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Reference to a Commissioner and Publication of Notice to Creditors in Such Suit No decree for the distribution of the proceeds of the real estate of such deceased person among his creditors shall be made until there shall have been a refere… Proofed
44-8-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents Decree of Distribution; Claims Barred When When such suit shall be fully matured for hearing and the report of any such commissioner shall have been confirmed, and the provisions of the preceding section… Proofed
44-8-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Real Estate of Decedents No Costs Recoverable in, and Injunction Against, a Second Suit After the commencement of any such suit as aforesaid, if any creditor of the deceased commence another suit, action or proceeding, upon a claim against him or h… Proofed
44-9-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates When a Person Presumed to be Dead In case any person has been or shall be absent for seven or more successive years from the place of his last domicile within this State; or, having been a resid… Proofed
44-9-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Jurisdiction of Estate of Supposed Decedent Whenever it is believed that facts giving rise to the presumption of death exist with reference to any person, the county court of the county of such person’s l… Proofed
44-9-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Application for Probate or Administration, and Publication of Notice Thereof Whenever letters testamentary or of administration are applied for on the estate of any person supposed to be dead on account of the existence of facts giving r… Proofed
44-9-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Ancillary Letters on Estates of Nonresidents Supposed to be Dead Whenever letters testamentary or of administration shall have been granted in any other state, territory or country, on the estate of a resident thereof presume… Proofed
44-9-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Evidence on Such Application; Record Thereof At the hearing in either of the cases provided for in the preceding two sections, the court shall receive such legal evidence as shall be offered, for the purpo… Proofed
44-9-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Order Declaring Presumption Established; Probate of Will; Letters Testamentary or of Administration; Their Effect If the court be satisfied, upon the hearing or from the report of such commissioner of accounts, that the legal presumption of death is established, the court s… Proofed
44-9-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Powers of Clerk The clerk of any county court during the recess of the regular sessions of the county court may exercise the same powers as are herein conferred upon such court… Proofed
44-9-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Personal Representative to Institute Suit to Settle Such Estate The personal representative of the estate of such supposed decedent shall, after qualifying, institute a suit in equity in the circuit court of the county in wh… Proofed
44-9-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Publication in Such Suit Such personal representative, upon the institution of such suit, shall cause notice to the supposed decedent to be issued by the clerk of the circuit court, tha… Proofed
44-9-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Procedure When Supposed Decedent Fails to Appear If such supposed decedent shall not appear, or satisfactory evidence that he is alive shall not be offered, on or before such date, the circuit court shall revi… Proofed
44-9-11 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Distribution of Estate; Refunding Bonds When the commissioner in chancery has rendered his report, and all exceptions thereto have been disposed of, the court may enter a decree authorizing the paymen… Proofed
44-9-12 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Vacation of Prior Proceedings on Reappearance of Supposed Decedent The circuit court may at any time, on satisfactory proof that the supposed decedent is in fact alive, set aside and vacate all proceedings theretofore had in su… Proofed
44-9-13 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Final Accounting of Personal Representative; Effect of His Acts; Title of Purchasers and Distributees The circuit court shall, when the prior proceedings have been vacated as provided in the preceding section, require a final settlement of the personal represent… Proofed
44-9-14 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Substitution of Supposed Decedent in Pending Actions; Opening Judgments; Effect of Judgment After Substitution After revocation of the letters and vacation of the order or orders declaring the presumption of death established, the person erroneously supposed to be dead m… Proofed
44-9-15 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates When Laws Relating to Wills and Estates Generally to Govern As to matters not specially provided for in this article, the provisions of law relating to the probate of wills and the administration of estates of actual dec… Proofed
44-9-16 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Persons Presumed to be Dead and Their Estates Costs, By Whom Payable The costs attending the issuance of letters testamentary or of administration, or their revocation, and the probate of any will, and of the suit for the settlem… Proofed
44-10-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Testamentary Guardians Every father, or mother, may, by last will and testament, appoint a guardian for his or her child, born or to be born, and for such time during its infancy as h… Proofed
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