Every limitation in any conveyance or will disposing of real or personal property, contingent upon the dying of any person without heirs, or heirs of the body, or issue of the body, or children, or offspring, or descendant, or other relative shall be construed as a limitation, to take effect when such person shall die, not having such heir, or issue, or child, or offspring, or descendant, or other relative, as the case may be, living at the time of his death, or en ventre sa mere at the time of his death and born alive thereafter, unless the intention of such limitation be otherwise plainly declared on the face of the conveyance or will creating it.
Structure West Virginia Code
Chapter 36. Estates and Property
Article 1. Creation of Estates Generally
§36-1-1. Creation of Estates; Necessity of Deed or Will
§36-1-2. Power of Attorney to Execute Deed of Land; Necessity of Writing
§36-1-3. Contracts for Sale or Lease of Land; Necessity of Writing
§36-1-4a. Memorandum of Trust; Requirements; Recordation
§36-1-5. Gifts of Personal Property
§36-1-7. Rights of Persons Not Parties to Instrument
§36-1-8. Conveyance by Attorney in Fact
§36-1-9. Conveyance of Various Interests and Future Estates in Land or Personal Property
§36-1-10. Operation of Conveyance in Excess of Actual Interest
§36-1-11. Fee Simple May Be Created Without Words of Limitation
§36-1-13. Limitations Contingent Upon Death
§36-1-14. Rule in Shelley's Case Abolished
§36-1-15. Contingent Remainder; Validity; Indestructibility
§36-1-16. Interest in Property Coupled With Power of Disposal
§36-1-19. Joint Tenancy; Tenancy by Entireties; Survivorship
§36-1-20. When Survivorship Preserved
§36-1-20a. Elimination of Need for Straw Party in Creating Joint Tenancy With Right of Survivorship
§36-1-24. Options in Leases Not Affected by Rule Against Perpetuities