WVC 41 - 2 - 1
§41-2-1. Competency of witnesses who are beneficiaries.
If a will be attested by a person to whom, or to whose wife
or husband, any beneficial interest in any estate is thereby
devised or bequeathed, if the will may not be otherwise proved
such person shall be deemed a competent witness; but such devise
or bequest shall be void, except that, if such witness would be
entitled to any share of the estate of the testator, in case the
will is not established, so much of his share shall be saved to
him as shall not exceed the value of what is so devised or
bequeathed. In case the will be contested any such attesting
witness may, at the instance of any contestant, be required,
either in court or by deposition, to testify as upon, and with
the effect of, cross-examination; and the giving of such
testimony or testimony in rebuttal thereto by such attesting
witness, shall not, if the will be established or admitted to
probate, affect in any manner the devise or bequest to such
attesting witness, or to the wife or husband of such witness.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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