WVC 44 - 6 - 3
§44-6-3. Authority for investment.
When any fiduciary desires the authority or direction of the
circuit court with respect to the investment of any funds in his
hands, he shall file his petition in the circuit court of the
county in which he qualified, setting out fully the facts, and
verifying such petition by his affidavit. Ten days' notice of
the time fixed for the hearing on the petition shall be served on
the beneficiaries of such trust funds, who shall be made
defendants thereto, and, for any who may be under disability, a
guardian ad litem shall be appointed. Such guardian ad litem
shall answer the petition under oath, and be present at the
hearing and represent the interests of the person or persons for
whom he shall have been appointed guardian ad litem. The matters
arising on such petition may be heard upon affidavits, or
depositions duly taken and returned, or upon oral testimony. The
court upon the hearing may make such order in relation to the
investment of the trust funds as may be to the best interests of
the beneficiaries thereof. Such petition may be filed, and the
hearing thereon had, by the judge of the court in vacation, as
well as by the court in term time.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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