WVC 44 - 1 - 2
§44-1-2. Administration with will annexed.
If there be no executor appointed by the will, or if all the
executors therein named refuse the executorship, or fail when
required to give such bond, which shall amount to such refusal,
or have died, such court, or clerk thereof during the recess of
the regular sessions of such court, may grant administration,
with the will annexed, to the person who would have been entitled
to administration if there had been no will, and he shall take
such oath and give such bond.