If a devisee or legatee die before the testator, or be dead at the time of making of the will, leaving issue who survive the testator, such issue shall take the estate devised or bequeathed, as the devisee or legatee would have done if he had survived the testator, unless a different disposition thereof be made or required by the will. And if the devise or bequest be made to two or more persons jointly, and one or more of them die without issue, or be dead at the time of the making of the will, the part of the estate so devised or bequeathed to him or them shall not go to the other joint devisees or legatees, but shall, in the case of a devise, descend and pass to the heirs at law, and, in the case of a bequest, go and pass to the personal representative, of the testator, as if he had died intestate, unless the will otherwise provides.
Structure West Virginia Code
Article 3. Provisions as to Construction
§41-3-1. When Will Takes Effect
§41-3-2. When Advancement Deemed Satisfaction of Devise or Bequest
§41-3-3. Death of Devisee or Legatee Before Testator
§41-3-4. Failure or Invalidity of Devise or Bequest
§41-3-5. Construction of Devises in General Terms
§41-3-6. Operation of Devise or Bequest as Exercise of Power of Appointment
§41-3-7. Courts of Equity May Construe Wills
§41-3-8. Testamentary Additions to Trusts
§41-3-9. Effect on Existing Wills