Every father or mother, may, by last will and testament, appoint a guardian for his or her child, born or to be born, and for such time during its infancy as he or she may direct. Where both father and mother have so appointed guardians, only that guardian who is the appointee of the parent last living shall be entitled to the custody of the person of such child.
W. Va. Code § 44-10-1
Testamentary guardians
Applied in 4 court decisions — leading case 182 W. Va. 448 - Honaker v. Burnside (1989)
Most recently applied in 228 W. Va. 380 - In Re Antonio R.A. (November 2011)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.