WVC 37 -
CHAPTER 37. REAL PROPERTY.
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ARTICLE 2. ESCHEATS.
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Acts, 1992 Reg. Sess., Ch. 75.
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§37-2-2. Escheat of equitable interests.
An estate vested in a person merely by way of mortgage or
trust shall not escheat by reason of the mortgagee or trustee
dying without heirs but any equitable title to or interest in
lands shall escheat or be forfeited in the same manner as it
would if the person having the equitable had the legal title.
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§37-2-3. Tenants of escheated land.
If any person holds any escheated land or personal property
for a term of years, or for life, or has a right to any rent or
other profit or has any other interest whatever in such land, he
shall hold and enjoy his lease, rent, profit or other interest,
and any sale of such land as escheated land, under the provisions
of article three of this chapter, shall be made subject to such
lease, rent, profit, or other interest.
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The assessor of each county shall by virtue of his office be
the escheator of such county.
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§37-2-5. List of land by escheator.
Each escheator shall annually, in September, prepare a list
of all lands within his county, of which any person shall have
died owning an estate of inheritance, intestate and without any
known heir, or to which no person is known by him to be entitled,
and transmit such list to the commissioner of school lands of his
county, according to the provisions of section seven, article
three of this chapter. If the state tax commissioner shall be of
the opinion that other lands, not included by the escheator in
such list, should be so included, and shall so advise the
escheator, in writing, the escheator shall place such lands upon
Repealed. Acts, 1961 Reg.
Sess., Ch. 133.