WVC 36 - 1 - 13
§36-1-13. 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, or issue of the body, or
children, or offspring, or descendant, or other relative shall be
construed as a limitation, to take effect when such person shall
die, not having such heir, or issue, or child, or offspring, or
descendant, or other relative, as the case may be, living at the
time of his death, or en ventre sa mere at the time of his death
and born alive thereafter, unless the intention of such
limitation be otherwise plainly declared on the face of the
conveyance or will creating it.