WVC 41 - 5 - 8
§41-5-8. Appeal from probate order -- Other testamentary papers
to be produced; jury trial if desired.
If there be more than one testamentary paper in question in
any such proceeding, the circuit court shall order them all to be
produced. The circuit court shall order a trial by jury, if
demanded by any person interested, to ascertain whether the will
in question, or if there be more than one, which of them, or what
part or parts of either or any of them, is the true will of the
decedent; and, if trial by jury be not asked, the circuit court
shall proceed to try and decide the question of probate, and
shall make and enter in relation thereto such final judgment or
order as the law and the evidence may require. A copy of such
judgment or order shall be returned to, filed and recorded in,
the office of the clerk of the county court, and also any will
established in such proceedings and admitted to probate in the
circuit court shall be returned to, filed, and recorded (if not
already of record) in such office.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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