WVC 41 - 3 - 3
§41-3-3. Death of devisee or legatee before testator.
If a devisee or legatee die before the testator, or be dead
at the time of making of the will, leaving issue who survive the
testator, such issue shall take the estate devised or bequeathed,
as the devisee or legatee would have done if he had survived the
testator, unless a different disposition thereof be made or
required by the will. And if the devise or bequest be made to two
or more persons jointly, and one or more of them die without
issue, or be dead at the time of the making of the will, the part
of the estate so devised or bequeathed to him or them shall not
go to the other joint devisees or legatees, but shall, in the
case of a devise, descend and pass to the heirs at law, and, in
the case of a bequest, go and pass to the personal
representative, of the testator, as if he had died intestate,
unless the will otherwise provides.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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