Roy Lee McClure and Mary Frances McClure, his wife v. Lu Ann Dotson and Lu Ann Dotson McClure, Administratrix of the Estate of James Edward McClure,and Kansas City Life Company, Inc., a corporation, No. 19777 (W. Va. March 15, 1991) (Miller, C.J.): 184 W.Va. 649, 403 S.E.2d 197:
Where decedent's parents sought to disqualify daughter-in-law, whom they suspected was responsible for their son's death, from administering their son's estate, the Court held that the county commission has jurisdiction to determine the propriety of appointments of personal representatives, guardians, committees, and curators under W. Va. Code § 44-1-4, and its action is conclusively presumed to have been proper in all collateral proceedings. On the other hand, the Court held that a personal representative may be removed by a circuit court for cause where it is shown that such representative acted in violation of his or her fiduciary duties.