Place v. Buckley
In Place v. Buckley, 126 W.Va. 926, 929, 30 S.E.2d 743, 745 (1944), the Court described it as "a remedial statute prescribing a much simplified summary proceeding by way of notice and motion as a means . . . for the filling of an existing vacancy in a trusteeship."
The Court explained:
W.Va. Code 44-14-1 is not for the purpose of trying controverted questions, either legal or equitable, but is for the purpose of filling a vacant or dormant fiduciary position under a prima facie showing of right. If there is a prima facie showing of the trust's creation, its continued existence cannot be controverted. The movant, having made a prima facie showing, the appointment of a trustee adjudicates nothing more.
(Place, 126 W.Va. at 930, 30 S.E.2d at 746.)