West Virginia Code § 44-9-5

Evidence on such application; record thereof
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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 deecedent 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. r

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