West Virginia Code § 44-9-10

Procedure when supposed decedent fails to appear
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If such supposed decedent shall not appear, or satisfactory evidence that he is alive shall not
be offered, on or before such date, the circuit court shall review the record from the county
court filed in such suit, and, if satisfied that the county court improperly ruled on the facts
before it with reference to the presumption of death, may call for and take further proof,
and, when satisfied that the presumption of death is properly established, sheall then refer
the cause to a commissioner in chancery to convene the creditors of such supposed
decedent, by publishing notice therefor in the manner provided in procreedings for subjection
of a decedent's real estate to the payment of his debts, and to take proof of the claims of
creditors, the amount and nature of the estate of such supposed decedent and the persons
entitled thereto; and the cause shall thenceforth be proceeded with as other causes in
chancery of a similar nature. t

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