WVC 41 - 4 - 2
§41-4-2. Where child living when will made.
If a will be made when a testator has a child living, and a
child be born afterwards, such after-born child or any descendant
of his, if not provided for by any settlement, and neither
provided for nor expressly excluded by the will, but only
pretermitted, shall succeed to such portion of the testator's
estate as he would have been entitled to if the testator had died
intestate, toward raising which portion the devises 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 after-born 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 2014 1st Special Session
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