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 4,251–4,300 of 6,321 sections
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44-10-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Appointment Void for Renuniciation or Failure to Qualify If any person so appointed shall renounce the trust, or fail to appear before the county court before whom such will shall be proved, within six months after th… Proofed
44-10-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Appointment of Guardian by County Court The county court of any county in which any minor resides, or, if he be a nonresident of the State, in which he has any estate, may, unless he have a guardian a… Proofed
44-10-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Right of Minor to Nominate Guardian If the minor is above the age of fourteen years, he may in the presence of the county court, or in writing acknowledged before any officer authorized to take th… Proofed
44-10-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Bond of Guardian Every guardian, unless in the case of a testamentary guardian the will otherwise directs and the court in which the will is recorded deems it unnecessary for th… Proofed
44-10-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Curator; Bond; Powers and Duties Until a guardian shall have given bond, or while there is no guardian, the court may, from time to time, appoint a curator, who shall give bond as aforesaid, an… Proofed
44-10-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Management of Ward’s Estate; Maintenance, Education, and Custody; Duration of Guardianship; Settlement Every guardian who is appointed as aforesaid, and gives bond when it is required, shall have the possession, care and management of his ward’s estate, real and … Proofed
44-10-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Disbursements Allowed Guardians; How and When Expenditures From Principal Authorized and Allowed No disbursements, beyond the annual income of the ward’s estate, shall be allowed to any guardian where the deed or will, under which the estate is derived, doe… Proofed
44-10-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Sale of Personal Estate to Pay Excess Beyond Income When any such disbursements shall be so allowed, the court shall, if necessary, order the sale of such portions of the personal estate of the ward as may be nec… Proofed
44-10-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards When Guardian to Pay Interest If any balance, whether of profits received or estimated, or of interest or principal, be due by any guardian, or other person acting as guardian, at the end of… Proofed
44-10-11 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Compound Interest Recoverable Any person acting as guardian shall have the right to demand and recover of any obligor in any bond or the maker of any other instrument in writing, payable to … Proofed
44-10-12 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Time Allowed Guardian for Investment of Funds Whenever a guardian shall collect any principal or interest belonging to his ward, he shall have sixty days to invest or loan the same, and shall not be charged… Proofed
44-10-13 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Powers of Chancery Courts Over Guardians ; When and How Real Estate May be Sold for Maintenance and Education of Wards The circuit court, in chancery, may hear and determine all matters between guardians and their wards, require settlements of the guardianship accounts, remove a… Proofed
44-10-14 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Guardians and Wards Authority of Guardian to Settle Claim of Ward for Injuries to Himself or His Property; Procedure In any case where an infant is injured in his person or his property by another, the legal guardian of such infant may negotiate with the person inflicting such… Proofed
44-11-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Transfer of Securities of Nonresident Decedent Any bonds or other securities issued by this State or any political subdivision or municipality thereof, or any stocks, bonds or other securities issued by any … Proofed
44-11-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Affidavit as to Publication of Notice There shall be filed, with such officer or agent as is mentioned in the preceding section, the affidavit of some credible person that notice of the proposed tra… Proofed
44-11-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Transfer of Property of Nonresident Infant or Insane Person to Foreign Guardian or Committee When any infant or insane person, entitled to property or money in this State, resides out of it, a petition to remove such property or money to the domicile of… Proofed
44-11-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents How Proceeds of Sale of Real Estate of Nonresident Infant, Insane Person, or Cestui a Que Trust Transferred to Foreign Guardian, Committee or Trustee When the proceeds of sale of real estate of an infant, insane person or cestui que trust, under the laws now in force, are invested, or required to be invested,… Proofed
44-11-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Notice of Application and Evidence Required Before Order of Transfer Made No such order as is mentioned in the two preceding sections shall be made until notice of the application shall have been published once a week for three succes… Proofed
44-11-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents How Personal Estate in Hands of Resident Trustee, Belonging to Nonresident Beneficiaries, Transferred When any personal estate in this State is vested in a trustee resident therein, or who acts by virtue of a deed, will, or other instrument, recorded or probated… Proofed
44-11-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents What Notice and Evidence Required Before Such Transfer Made No such order as is mentioned in the preceding section shall, when applied for by petition, be made until notice of the application shall have been given to all… Proofed
44-11-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Court May Order Sale of Property If, in any proceeding or suit under the third or sixth sections of this article, it shall appear to the court to be proper, it may order the property, or any pa… Proofed
44-11-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Discharge of Guardian, Committee, or Trustee Making Transfer When any guardian, committee, trustee, or other person in this State shall pay over, transfer or deliver any estate in his hands or vested in him, as directed b… Proofed
44-11-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Transfer of Property of Nonresidents Judge of Circuit Court May Act in Vacation The judge of the circuit court in vacation, on such proof and notice as is required of the circuit court, may make any order that is authorized by this article … Proofed
44-12-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers of Clerk in Vacation of County Court What Clerk May Do in Vacation of County Court The clerk of any county court in the vacation of such court, may appoint appraisers of estates of decedents, admit wills to record, appoint and qualify executor… Proofed
44-12-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers of Clerk in Vacation of County Court Report by Clerk to County Court; Hearing on Same The probate of every will and the appointment of every appraiser of the estate of a decedent, executor, administrator, guardian, curator and committee so made b… Proofed
44-12-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers of Clerk in Vacation of County Court Confirmation of Action of Clerk Whe the probate of such will, or the appointment of such appraisers of estates of decedents, or the appointment of such executor, administrator, guardian, curat… Proofed
44-12-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers of Clerk in Vacation of County Court Costs When objection is made to the action of the clerk, as mentioned in the second section of this article, the party prevailing in the trial of such objection shall… Proofed
44-13-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts Powers of Clerk of County Court Where Separate Tribunal for Police and Fiscal Purposes In every county in which now exists a tribunal for police and fiscal purposes heretofore established under section thirty-four of article eight of the Constitut… Proofed
44-13-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts Who Shall Act When Such Clerk Interested In any matter with respect to which such clerk shall have power to act but in which he shall be interested, so that it will be improper for him to act therein, … Proofed
44-13-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts Such Clerk Not to Impanel a Jury for Settlement of Questions of Fact No jury shall be impaneled before such clerk to settle questions of fact. Proofed
44-13-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts Record and Order Books to be Kept by Such Clerk Such clerk shall, respecting the matters of which he is given jurisdiction by this article, keep such record and order books as a county court is required by la… Proofed
44-13-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts Duties of Such Clerk as to Acts to be Performed at Stated Times When any act is required to be done by clerks of county courts of other counties on the first day of the term of the county courts, such clerk of the county cou… Proofed
44-13-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Powers and Duties of Clerks of County Courts in Counties Having Separate Courts How Decisions and Orders of Such Clerk Reviewed Appeals from the decisions rendered and orders made by such clerk may be had to the circuit court of his county at the instance of the same persons, in the same… Proofed
44-14-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Substitution of Trustees; Powers of Surviving or Remaining Trustees By Circuit Court or Judge, for Trustee in Deed, Will or Other Writing When the trustee, or, if there is more than one trustee, one or more of the trustees, in any will, deed or other writing, die or remove beyond the limits of the… Proofed
44-14-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Substitution of Trustees; Powers of Surviving or Remaining Trustees Procedure for Appointment by Court or Judge A motion under the preceding section shall be after ten days’ notice to all persons interested in the execution of the trust other than the plaintiff in such mo… Proofed
44-14-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Substitution of Trustees; Powers of Surviving or Remaining Trustees Remaining Trustees, or Personal Representative of Sole or Surviving Trustee, May Execute Trust The personal representative of a sole or surviving trustee, or if there be more than one trustee, and one or more of them die, resign, or remove from the State,… Proofed
44-14-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Substitution of Trustees; Powers of Surviving or Remaining Trustees Powers and Responsibilities of Substituted or Remaining Trustee Any trustee or trustees appointed under authority of this article, if he or they accept, or the personal representative of a sole or surviving trustee, or the s… Proofed
44-15-1 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Scope of Article Whenever, pursuant to any law of the United States or regulation of any bureau or agency thereof, the appointment of a guardian or committee for any person to a… Proofed
44-15-2 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment When Unlawful for Person to Accept Appointment as Guardian; Removal Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time b… Proofed
44-15-3 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Petition for Appointment A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitle… Proofed
44-15-4 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Evidence of Necessity for Appointment of Guardian of Minor Ward Where a petition is filed for the appointment of a guardian of a minor ward, a certificate setting forth the age of such minor as shown by the records and the f… Proofed
44-15-5 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Evidence of Necessity for Appointment of Guardian or Committee of Mentally Incompetent Ward Where a petition is filed for the appointment of a guardian or committee of a mentally incompetent ward, a certificate setting forth the fact that such person h… Proofed
44-15-6 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Notice Upon the filing of a petition for the appointment of a guardian of committee under the provisions of this article, the court shall cause such notice to be given… Proofed
44-15-7 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Qualifications and Bond of Guardian Before making an appointment under the provisions of this article the court shall be satisfied that the guardian whose appointment is sought is a fit and proper… Proofed
44-15-8 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Settlement of Accounts Every guardian, who shall receive on account of his ward any moneys from the government of the United States or any agency thereof, shall file with a commission… Proofed
44-15-9 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Failure to Make Settlement If any guardian shall fail to file any account of the money received by him from the bureau or other agency of the government on account of his ward within thir… Proofed
44-15-10 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Compensation Compensation payable to the guardian shall not exceed five per cent of the income of the ward during any year. In the event of extraordinary services rendered b… Proofed
44-15-11 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Investment of Funds Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by law or approved b… Proofed
44-15-12 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Disbursements A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the cou… Proofed
44-15-13 Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS Veterans’ Guardianship and Commitment Certified Copies of Necessary Public Records Furnished Without Cost Whenever a copy of any public record is required by the bureau or other agency of the government to be used in determining the eligibility of any person to part… Proofed
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