§ 44-3-4 — Matters that will disqualify fiduciary commissioner

West Virginia § 44-3-4

• Jurisdiction: West Virginia
• Ch. 44: ADMINISTRATION OF ESTATES AND TRUSTS
• Art. 3: FIDUCIARY COMMISSIONERS; POWERS AND DUTIES

Text

No person shall perform the duties of a fiduciary commissioner in any matter wherein he will be passing upon his own account or acts; nor, where he will be called to pass upon any account or acts with reference to which he served as attorney or counselor; nor shall he be in any manner interested in the fees or emoluments of any fiduciary whose account or acts are before him for any action required by this chapter; nor shall he be surety on the bond of the fiduciary whose accounts are before him or agent of, or pecuniarily associated with, another who may be such surety; nor shall he be qualified to act in or pass upon any matter before him in which, were he a judge of the circuit court, and the matter were therein pending, he would for any reason be disqualified to serve. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, shall, for each and every violation, be fined not less than fifty nor more than $500 or imprisoned in the county jail for not more than six months, or punished by both fine and imprisonment at the discretion of the court. Upon conviction he shall also forfeit the office of fiduciary commissioner.

Legislative History

1982 Reg. Sess., SB445; 1937 Reg. Sess., HB9