West Virginia § 41-5-9 Order as bar to suit in equity

West Virginia Statutes

§ 41-5-9 — Order as bar to suit in equity

West Virginia § 41-5-9

Ch. 41WILLS

Art. 5PRODUCTION, PROBATE AND RECORD OF WILLS

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Bluebook

W. Va. Code § 41-5-9 (2026).

Text

Every such order or judgment of a county court not appealed from in proceedings for probate in solemn form, or in an ex parte proceeding which has been converted into a proceeding in solemn form by a contest therein, and every such order or judgment of a circuit court on appeal, shall be a bar to a bill in equity to impeach or establish such will, unless upon grounds which would give to a court of equity jurisdiction over other judgments at law.

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Every such order or judgment of a county court not appealed from in proceedings for probate in solemn form, or in an ex parte proceeding which has been converted into a proceeding in solemn form by a contest therein, and every such order or judgment of a circuit court on appeal, shall be a bar to a bill in equity to impeach or establish such will, unless upon grounds which would give to a court of equity jurisdiction over other judgments at law.