WVC 44 - 9 - 5
§44-9-5. Evidence on such application; record thereof.
At the hearing in either of the cases provided for in the
preceding two sections, the county commission shall receive all
legal evidence as may be offered, for the purpose of ascertaining
whether the presumption of death is established; or it may refer
the matter to a fiduciary commissioner to take such evidence, and
report his findings thereon. No person shall be disqualified as
a witness by reason of relationship to the supposed decedent or
interests in his estate. All the evidence shall be reduced to
writing and preserved in the files of the commission with the
record of the case.