West Virginia Code § 42-1-3d

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(a) In this section:
(1) "Deceased descendant," "deceased parent," or "deceased grandparent" means a
descendant, parent, or grandparent who either predeceased the decedent or is deemed to
have predeceased the decedent under section three-b of this article.
(2) "Surviving descendant" means a descendant who neither predeceased the decedent nor
is deemed to have predeceased the decedent under section three-b of this article.
(b) If, under section three-a of this article, a decedent's intestate estate or a part thereof
passes "by representation" to the decedent's descendants, the estate or part thereof is
divided into as many equal shares as there are: (i) Surviving descendants in the generation
nearest to the decedent which contains one or more suarviving descendants; and (ii) deceased
descendants in the same generation who left surviving descendants, if any. Each surviving
descendant in the nearest generation is allocated olne share. The remaining shares, if any,
are combined and then divided in the same msanner among the surviving descendants of the
deceased descendants as if the surviving descendants who were allocated a share and their
surviving descendants had predeceased thie decedent.
(c) If, under section three-a of this article, a decedent's intestate estate or a part thereof
passes "by representation" to the descendants of the decedent's deceased parents or either
of them or to the descendants of the decedent's deceased paternal or maternal grandparents
or either of them, the estate or part thereof is divided into as many equal shares as there
are: (i) Surviving descendants in the generation nearest the deceased parents or either of
them, or the deceased grandparents or either of them, that contains one or more surviving
descendants; and (ii) deceased descendants in the same generation who left surviving
descendants, if any. Each surviving descendant in the nearest generation is allocated one
share. The remaining shares, if any, are combined and then divided in the same manner
amoWng the surviving descendants of the deceased descendants as if the surviving
descendants who were allotted a share and their surviving descendants had predeceased the
decedent.

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