WVC 41 - 4 - 1
§41-4-1. Where no child living when will made.
If any person die leaving a child, or his wife with child,
which shall be born alive, and leaving a will made when such
person had no child living, wherein any child he might have is
not provided for or mentioned, such child, or any descendant of
his, shall succeed to such portion of the testator's estate as he
would have been entitled to if the testator had died intestate;
and towards raising such portion the devisees and legatees shall,
out of what is devised and bequeathed to them, contribute
ratably, either in kind or in money, as a court, in the
particular case, may deem most proper. But if any such child, or
descendant, die under the age of eighteen years, unmarried and
without issue, his portion of the estate, or so much thereof as
may remain unexpended in his support and education, shall revert
to the person or persons to whom it was given by the will.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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