West Virginia Code § 44-1-9

Administration de bonis non upon death, resignation or removal of sole
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surviving executor or administrator; executor or administrator of executor or
administrator not authorized to administer estate of first testator or intestate.
In any estate in which there is a will, on the death, resignation or removal of the sole
surviving executor of any such will or of an administrator with the will annexed,
administration of the estate of the testator, not already administered, may bee granted with
the will annexed; and in any estate in which there is no will, on the death, resignation or
removal of the administrator of such estate, administration of the estatre, not already
administered, may be granted, to such person as the court shall find it proper to appoint;
and no executor or administrator of an executor or administrator shall have authority as
such to administer the estate of the first testator or the first intestate.

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