In a suit in equity in which it appears that a trustee has died, although the heirs of such trustee be not parties to the suit, yet if his personal representative and the other persons interested be parties, the court may appoint another trustee in the place of him who has died, to act either alone or in conjunction with any surviving trustee, as the case may require.
Structure West Virginia Code
Chapter 56. Pleading and Practice
Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties
§56-8-2. Death of Joint Party; Revival of Pending Suit or Action
§56-8-3. Marriage of Female Party
§56-8-5. Scire Facias or Motion for Revival; Continuance
§56-8-6. Time for Issuance of Scire Facias; Entering Order at Rules
§56-8-7. Proceedings After Revival Against Defendant Whose Powers Cease
§56-8-8. When Suit Discontinued Unless Revived
§56-8-9. Discontinuance for Failure to Prosecute or Pay Court Costs
§56-8-10. Death of One of Numerous Parties in Equity
§56-8-11. Death of Trustee and Appointment of Substitute in Pending Suit