Marion

16-c-288

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA XTO ENERGY INC.,
Petitioner,
v.?
CIVIL ACTION NO. 16-C-288 JUDGE WILSON
The UNKNOWN HEIRS AND BENEFICIARIES OF ESTELLA MCDANIEL HELDRETH and LEONIDAS LETON HELDRETH,
Respondents.
NOTICE IS HEREBY GIVEN, in accordance with W.Va. Code § 55-12A-5(c), that an action has been instituted in the Circuit Court of Marion County, West Virginia, bearing Civil Action No. 16-C-288, upon the Petition of XTO Energy Inc. to appoint a Special Commissioner pursuant to W.Va. Code § 55-12A-4 for the purpose of authorizing and delivering through private sale a lease of the oil and gas interests owned by Respondents Estella McDaniel Heldreth and Leonidas Leton Heldreth’s unknown heirs and beneficiaries, whose heirs and beneficiary’s last known address is unknown.
The property subject to the Petition is situated in Mannington District, Marion County, West Virginia, and bounded substantially as follows:
Part of Tax Map 59, Parcel No. 9, containing 3.79375 acres, more or less, bounded and described as follows (“TRACT 1”):
Beginning at a Stone on the ridge corner to lands of J. S. Heldreth and running thence N. 65 W. 21-6/10 poles to a White Oak corner to said L. L. Heldreth, thence N. 13 E. 27-8/10 poles to a Hickory corner to J. A. Wadsworth, thence S. 70-3/5 E. 21 poles to a Stone in a line of said J. A. Wadsworth and corner to said J. S. Heldreth, thence S. 13 W. 30 poles to the beginning containing 3.79375 acres, more or less.
(B2741511.1}
Being the same land described in that certain deed dated January 10, 1899, and recorded September 28, 1901, in Deed Book 107, Page 297, from Elmer E. Heldreth and Ruhama Heldreth, husband and wife, to Leonidas L. Heldreth.
Part of Tax Map 59, Parcel No. 9, containing 7.75 acres, more or less, bounded and described as follows (“TRACT 2’9:
Beginning at a stake in the road in the original line and corner to lands of J.W. Heldreth, thence with one of his lines East 42-8/10 poles to a Stake in the original line and a line of J.A. Wadsworth, thence S. 31-3/4 W. 29-4/10 poles to a White Oak an original corner and corner to L.L. Heldreth thence S. 9 W. 9-1/2 poles to a Stone, thence S. 77-1/2 W. 32 poles to a Stake, thence N. 38-1/4 E. 5-8/10 poles to a Stake, thence N. 4-3/4 E. 36-6/10 poles to the beginning, containing Seven and three-fourth acres, more or less.
Being the same land described in that certain deed dated February 22, 1900, and recorded September 28, 1901, in Deed Book 107, Page 299, from Thomas M. Heldreth and Lavernia Heldreth, husband and wife, and John W. Heldreth and Martha Heldreth, husband and wife, to Francis B. Heldreth.
Part of Tax Map 59, Parcel No. 9, containing 8.1875 acres, more or less, bounded and described as follows (“TRACT 3’9:
Beginning at a Stone in the original line and corner to Elmer Heldreth and running thence N. 57 W. 32-6/10 poles to a stake in the original line and bears N. 57 W. 33 links from a Beech and corner to Elmer Heldreth, thence N. 1-1/2 E. 50-1/2 poles to a Stone corner to W. J. Moore, thence S. 38 E. 60 poles to a small Hickory corner to E. E. Heldreth thence S. 27 W. 22 poles to the beginning, containing 8.1875 acres, more or less.
Being the same land described in that certain deed dated February 22, 1900, and recorded September 28, 1901, in Deed Book 107, Page 296, from Thomas M. Heldreth and Lavernia Heldreth, husband and wife, to Leonidas L. Heldreth.
Part of Tax Map 59, Parcel No. 9, containing 21.40625 acres, more or less, bounded and described as follows (“TRACT 4’9:
Beginning at a White Oak an original corner and corner to J. A. Wadsworth and other lands of said James T. Criss and running thence S. 72° E. 57 poles to a Dogwood corner to said J. A. Wadsworth and E. E. Heldreth, thence S. 12-1/2° W. 26 poles to a
{132741511.1)
White Oak, thence S. 64° W. 54-1/2 poles to a small hickory corner to E. E. Heldreth and T. M. Heldreth, thence N. 38° W. 57 poles to a stake corner to Effie L. Pigott, thence N. 37-3/4° E. 5- 2/10 poles to a stone below the road and in a line of said Effie L. Pigott and corner to other lands of said J. T. Criss, thence N. 77- 1/2° E. 32 poles to a stone, thence N. 9° E. 9-1/2 poles to the beginning, containing 21 acres and 64 poles.
Being the same land described in that certain deed dated November 29, 1905, and recorded June 1, 1896, in Deed Book 75, Page 105, from James T. Criss and Eva M. Criss, husband and wife, to Leonidas L. Heldreth.
Tax Map 58, Parcel No. 34, containing 54 acres, more or less, bounded and described as follows (“TRACT 57):
Beginning at corner to W.J. Moore at Co. Road thence N. 88-1/4 W. 58-1/4 to W.O. (fallen) thence N. 47 W. 57 to Chestnut thence N. 87 W. 30 to Lyn tree (fallen) S. 72-3/4 W. 21-1/2 to Post on Hill thence N. 2-1/2 E. 46 to W.O. stump thence N. 23 E. 40-1/2 to W.O. thence N. 62-1/2 E. 8-3/4 to Post to J.T. Crim thence S. 34- 1/2 E. 8-3/4 to stone thence N. 82 E. 19-1/2 to Stone thence S. 38- 1/4 E. 40 to Stone thence S. 21 E 50 to Chestnut thence N. 85-1/2 E. 62 to center of Co. Road thence S. 4-1/2 W. 23-1/2 to point in run thence S. 4-1/2 W. 15 to Point in Co. Road thence S. 37-3/4 W. 11 to Beginning, containing Fifty-four acres, more or less.
Being the same land described in that certain deed dated March 25, 1910, and recorded March 29, 1911, in Deed Book 173, Page 49, from F. B. Heldreth and Estella Heldreth, husband and wife, to F. N. Crim and Bessie Crim, husband and wife.
Based upon an examination of the public records in the office of the Clerk of Marion County, as well as the public records and newspapers of several other counties and certain online research, XTO believes that Respondents Estella McDaniel Heldreth and Leonidas Leton Heldreth and their unknown heirs and beneficiaries are the last known owners of the following interests in the Property:
• 1/9 ownership interests in the oil and gas estate underlying TRACT 1; • 1/18 ownership interests in the oil and gas estate underlying TRACT 2;
(B2741511.1)
• 1/36 interest in the oil royalty and 1/9 interest in the oil and gas estate underlying TRACT 3;
• 1/18 ownership interest in the oil and gas estate underlying TRACT 4; and • 1/18 ownership interest in the oil estate and 1/9 interest in the gas estate
underlying TRACT 5. Based upon said examination, Respondents Estella McDaniel Heldreth and Leonidas
Leton Heldreth’s ownership of an undivided 1/9 interest in the oil and gas estate underlying the TRACT 1 is by virtue of the following:
a. By deed dated January 10, 1899, and recorded September 28, 1901, in Deed Book 107, Page 297, Elmer E. Heldreth and Ruhama Heldreth, husband and wife, conveyed unto Leonidas L. Heldreth a tract of land containing 3 acres and 127 poles, more or less.
b. By deed dated January 12, 1903, and recorded February 26, 1904, in Deed Book 132, Page 35, Leonidas L. Heldreth and Minnervia Heldreth, husband and wife, conveyed unto Francis B. Heldreth several tracts of land, including a tract of land containing 3 acres and 127 poles, more or less.
c. By deed dated January 16, 1911, and recorded March 29, 1911, in Deed Book 173, Page 50, Francis B. Heldreth and Estella Heldreth, husband and wife, conveyed unto Frank Crim several tracts of land, including a tract of land containing 3 acres and 127 poles, more or less, excepting and reserving “all oil, and all of the gas, the coal, and privileges to mine the coal and operate the oil and gas.”
d. Upon information and belief, Francis B. Heldreth died intestate on January 20, 1956, in Lewis County, Washington survived by the following individuals or their
{B274T511.1)
heirs, successors and assigns: (1) Estella M. Heldreth, widow, (2) Thomas Melvin Heldreth, brother, (3) John S. Heldreth, brother, (4) James LeRoy Heldreth, brother, (5) Rose Ellen Heldreth Carpenter, sister, (6) Leonidas Leton Heldreth, brother, (7) Mary L. Heldreth, half-sister, (8) Elmore Ellis Heldreth, brother, and (9) Willie D. Heldreth, brother. According to the intestate laws in effect at the time of the decedent’s death, his interest in 3 acres and 127 poles, more or less, would be divided equally between “the decedent’s surviving spouse and the decedent’s brothers and sisters.” Applying such law, Respondents’ Estella M. Heldreth and Leonidas L. Heldreth each inherited an undivided 1/9 of the minerals under 3 acres and 127 poles, more or less.
e. Upon information and belief, Estella M. Heldreth died on November 1, 1976 in Lewis County, Washington. No probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/9 interest in the oil and gas estate underlying said 3 acres and 127 poles have been located. Furthermore, no additional information regarding whether Estella M. Heldreth had issue- natural or adopted- has been located.
f. Upon information and belief, Leonidas L. Heldreth died in 1923 in an unknown location. No probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/9 interest in the oil and gas estate underlying said 3 acres and 127 poles have been located. Furthermore, no additional information regarding whether Leonidas L. Heldreth had issue- natural or adopted- has been located. Based upon said examination, Respondents’ Estella McDaniel Heldreth and Leonidas
Leton Heldreth respective 1/18 ownership interests in the oil and gas estate underlying TRACT 2 are by virtue of the following:
tB2741511.I)
a. By deed dated March 16, 1897, and recorded September 30, 1899, in Deed Book 89, Page 473, James T. Criss and Eva M. Criss, husband and wife, conveyed unto Thomas M. Heldreth a tract of land containing 7.75 acres, more or less, excepting and reserving “a one-half of the royalty, rental and bonus of all the oil and gas that may be produced from said land” (the “Criss Reservation”). Based upon West Virginia jurisprudence, the Criss Reservation would likely be interpreted as a reservation of an undivided one-half (1/2) interest in the oil and gas estate (and not a mere royalty) underlying 7.75 acres, more or less.
b. By deed dated February 22, 1900, and recorded September 28, 1901, in Deed Book 107, Page 299, Thomas M. Heldreth and Lavernia Heldreth, husband and wife, conveyed unto Francis B. Heldreth a tract of land containing 7.75 acres, more or less.
c. By deed dated January 16, 1911, and recorded March 29, 1911, in Deed Book 173, Page 50, Francis B. Heldreth and Estella Heldreth, husband and wife, conveyed unto Frank Crim several tracts of land, including a tract of land containing 7.75 acres, more or less, excepting and reserving “all oil, and all of the gas, the coal, and privileges to mine the coal and operate the oil and gas.”
d. Upon information and belief, Francis B. Heldreth died intestate on January 20, 1956, in Lewis County, Washington survived by the following individuals or their heirs, successors and assigns: (1) Estella M. Heldreth, widow, (2) Thomas Melvin Hedreth, brother, (3) John S. Heldreth, brother, (4) James LeRoy Heldreth, brother, (5) Rose Ellen Heldreth Carpenter, sister, (6) Leonidas Leton Heldreth, brother, (7) Mary L. Heldreth, half-sister, (8) Elmore Ellis Heldreth, brother, and (9) Willie D. Heldreth,
{B2741511.1]
brother. According to the intestate laws in effect at the time of the decedent’s death, his undivided 1/2 interest in 7.75 acres, more or less, would be divided equally between “the decedent’s surviving spouse and the decedent’s brothers and sisters.” Applying such law, Respondents’ Estella M. Heldreth and Leonidas L. Heldreth each inherited an undivided 1/18 of the minerals under 7.75 acres, more or less.
e. Upon information and belief, Estella M. Heldreth died on November 1, 1976 in Lewis County, Washington. No probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/18 interest in the oil and gas estate underlying said 7.75 acres have been located. Furthermore, no additional information regarding whether Estella M. Heldreth had issue- natural or adopted- has been located.
f. Upon information and belief, Leonidas L. Heldreth died in 1923 in an unknown location. No probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/18 interest in the oil and gas estate underlying said 7.75 acres have been located. Furthermore, no additional information regarding whether Leonidas L. Heldreth had issue- natural or adopted- has been located. Based upon said examination, Respondents’ Estella McDaniel Heldreth and Leonidas
Leton Heldreth respective 1/36 interest in the oil royalty and 1/9 interest in the oil and gas estate underlying TRACT 3 is by virtue of the following:
a.? By deed dated April 18, 1895, and recorded June 10, 1895, in Deed Book 68, Page 421, A. 0. Flowers conveyed unto Thomas M. Heldreth a tract of land containing 16.875 acres, including TRACT 3, excepting and reserving “1/16 of all oil that may be produced from said premises” (the “Flowers Reservation”). Based upon
W2741511.11
West Virginia jurisprudence, the Flowers Reservation would likely be interpreted as a reservation of an undivided 1/2 interest in the oil royalty underlying 16.875 acres, including TRACT 3.
b. By deed dated February 22, 1900, and recorded September 28, 1901, in Deed Book 107, Page 296, Thomas W. Heldreth and Lavernia Heldreth, husband and wife, conveyed unto Leonidas L. Heldreth a tract of land containing 8 acres and 30 poles, more or less, excepting and reserving “1/16 of the oil as reserved by deed . . . dated April 18, 1895” and further reserved “1/32 of all oil that may be produced from said premises.” Based upon West Virginia jurisprudence, such reservation would likely be interpreted as a reservation of an undivided 1/4 interest in the oil royalty. Therefore, after the execution of the February 22, 1900 deed, Leonidas L. Heldreth owned 1/4 of the oil royalty, and all of the oil and gas estate underlying 8 acres and 30 poles, more or less.
c. By deed dated January 12, 1903, and recorded February 26, 1904, in Deed Book 132, Page 35, Leonidas L. Heldreth and Minnervia Heldreth, husband and wife, conveyed unto Francis B. Heldreth several tracts of land, including a tract of land containing 8 acres and 30 poles, more or less.
d. By deed dated January 16, 1911, and recorded March 29, 1911, in Deed Book 173, Page 50, Francis B. Heldreth and Estella Heldreth, husband and wife, conveyed unto Frank Crim several tracts of land, including a tract of land containing 8 acres and 30 poles, more or less, excepting and reserving “all oil, and all of the gas, the coal, and privileges to mine the coal and operate the oil and gas.”
e. Upon information and belief, Francis B. Heldreth died intestate on January 20, 1956, in Lewis County, Washington survived by the following individuals or their
(B2741511.1)
heirs, successors and assigns: (1) Estella M. Heldreth, widow, (2) Thomas Melvin Hedreth, brother, (3) John S. Heldreth, brother, (4) James LeRoy Heldreth, brother, (5) Rose Ellen Heldreth Carpenter, sister, (6) Leonidas Leton Heldreth, brother, (7) Mary L. Heldreth, half-sister, (8) Elmore Ellis Heldreth, brother, and (9) Willie D. Heldreth, brother. According to the intestate laws in effect at the time of the decedent’s death, his interest in 8 acres and 30 poles, more or less, would be divided equally between “the decedent’s surviving spouse and the decedent’s brothers and sisters.” Applying such law, Respondents’ Estella M. Heldreth and Leonidas L. Heldreth each inherited an undivided 1/36 interest in the oil royalty and 1/9 of the oil and gas estate underlying 8 acres and 30 poles, more or less.
f. Upon information and belief, Estella M. Heldreth died on November 1, 1976 in Lewis County, Washington. No probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/36 interest in the oil royalty and 1/9 interest in the oil and gas estate underlying 8 acres and 30 poles have been located. Furthermore, no additional information regarding whether Estella M. Heldreth had issue- natural or adopted- has been located.
Upon information and belief Leonidas L. Heldreth died in 1923 in an unknown location. No probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/36 interest in the oil royalty and 1/9 interest in the oil and gas estate underlying 8 acres and 30 poles have been located. Furthermore, no additional information regarding whether Leonidas L. Heldreth had issue- natural or adopted- has been located.
g.
(B2741511 1j
Based upon said examination, Respondents’ Estella McDaniel Heldreth and Leonidas Leton Heldreth respective 1/18 ownership interest in the oil and gas estate underlying TRACT 4 is by virtue of the following:
a. By deed dated November 29, 1895, and recorded June 1, 1896, in Deed Book 75, Page 105, James T. Criss and Eva M. Criss, husband and wife, conveyed unto Leonidas L. Heldreth a tract of land containing 21 acres and 65 poles, more or less, excepting and reserving “1/2 interest in all the oil and gas in, upon and under the said tract of land” (the “Second Criss Reservation”). Based upon West Virginia jurisprudence, the Second Criss Reservation would likely be interpreted as a reservation of an undivided 1/2 of the oil and gas estate underlying 21 acres and 65 poles, more or less.
b. By deed dated January 12, 1903, and recorded February 26, 1904, in Deed Book 132, Page 35, Leonidas L. Heldreth and Minnervia Heldreth, husband and wife, conveyed unto Francis B. Heldreth several tracts of land, including a tract of land containing 21 acres and 65 poles, more or less.
c. By deed dated January 16, 1911, and recorded March 29, 1911, in Deed Book 173, Page 50, Francis B. Heldreth and Estella Heldreth, husband and wife, conveyed unto Frank Crim several tracts of land, including a tract of land containing 21 acres and 65 poles, more or less, excepting and reserving “all oil, and all of the gas, the coal, and privileges to mine the coal and operate the oil and gas.”
d. Upon information and belief, Francis B. Heldreth died intestate on January 20, 1956, in Lewis County, Washington survived by the following individuals or their heirs, successors and assigns: (1) Estella M. Heldreth, widow, (2) Thomas Melvin Hedreth, brother, (3) John S. Heldreth, brother, (4) James LeRoy Heldreth, brother, (5)
)B2741511.1)
Rose Ellen Heldreth Carpenter, sister, (6) Leonidas Leton Heldreth, brother, (7) Mary L. Heldreth, half-sister, (8) Elmore Ellis Heldreth, brother, and (9) Willie D. Heldreth, brother. According to the intestate laws in effect at the time of the decedent’s death, his undivided 1/2 interest in 21 acres and 65 poles, more or less, would be divided equally between “the decedent’s surviving spouse and the decedent’s brothers and sisters.” Applying such law, Respondents’ Estella M. Heldreth and Leonidas L. Heldreth each inherited an undivided 1/18 of the oil and gas under 21 acres and 65 poles, more or less.
e. Upon information and belief, Estella M. Heldreth died on November 1, 1976 in Lewis County, Washington. No probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/18 interest in the oil and gas estate underlying said 21 acres and 65 poles have been located. Furthermore, no additional information regarding whether Estella M. Heldreth had issue- natural or adopted- has been located.
f. Upon information and belief, Leonidas L. Heldreth died in 1923 in an unknown location. No probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/18 interest in the oil and gas estate underlying said 21 acres and 65 poles have been located. Furthermore, no additional information regarding whether Leonidas L. Heldreth had issue- natural or adopted- has been located. Based upon said examination, Respondents’ Estella McDaniel Heldreth and Leonidas
Leton Heldreth respective 1/18 ownership interest in the oil estate and 1/9 interest in the gas estate underlying TRACT 5 is by virtue of the following:
0327,1i51
a. By deed dated March 27, 1896, and recorded March 30, 1896, in Deed Book 74, Page 312, Effie L. Pigott conveyed unto Thomas M. Heldreth and John W. Heldreth a tract of land containing 94 acres, including TRACT 5, excepting and reserving “an undivided one-sixteenth part of the oil underlying said land together with an undivided one-half interest in any income that may be derived from any bonus or rental received from the leasing of said coal for oil purposes and provided further that no lease shall be given on said land for oil purposes without the consent and approval of the said Effie L. Pigott, her heirs and assigns” (the “Pigott Reservation”). Based on West Virginia Jurisprudence, the Pigott Reservation would likely be interpreted as a reservation of an undivided 1/2 of the oil estate underlying 94 acres, including TRACT 5.
b. By deed dated February 22, 1900, and recorded September 28, 1901, in Deed Book 107, Page 299, Thomas M. Heldreth and Lavernia Heldreth, husband and wife, and John W. Heldreth and Martha Heldreth, husband and wife, conveyed unto Francis B. Heldreth two tracts of land, one containing 43 acres and 18 poles, and another containing 8 acres and 60 poles, more or less, being a part of the 94-acre parent tract.
c. By deed dated April 20, 1901, and recorded September 28, 1901, in Deed Book 107, Page 298, John W. Heldreth and Martha Heldreth, husband and wife, conveyed unto Francis B. Heldreth a tract of land containing 43-1/8 acres, more or less, and being the remaining acreage of the 94-acre parent tract.
d. By deed dated March 25, 1910, and recorded March 29, 1911, in Deed Book 173, Page 49, F. B. Heldreth and Estella Hedlreth, husband and wife, conveyed unto F. N. Crim and Bessie Crim, husband and wife, a tract of land containing 54 acres,
(B2741511.1)
more or less, excepting and reserving “all of the oil and gas and all necessary mining rights and privileges.”
e. Upon information and belief, Francis B. Heldreth died intestate on January 20, 1956, in Lewis County, Washington survived by the following individuals or their heirs, successors and assigns: (1) Estella M. Heldreth, widow, (2) Thomas Melvin Hedreth, brother, (3) John S. Heldreth, brother, (4) James LeRoy Heldreth, brother, (5) Rose Ellen Heldreth Carpenter, sister, (6) Leonidas Leton Heldreth, brother, (7) Mary L. Heldreth, half-sister, (8) Elmore Ellis Heldreth, brother, and (9) Willie D. Heldreth, brother. According to the intestate laws in effect at the time of the decedent’s death, his interest in 54 acres, more or less, would be divided equally between “the decedent’s surviving spouse and the decedent’s brothers and sisters.” Applying such law, Respondents’ Estella M. Heldreth and Leonidas L. Heldreth each inherited an undivided 1/18 of the oil estate and 1/9 of the gas estate underlying 54 acres, more or less.
f. Upon information and belief, Estella M. Heldreth died on November 1, 1976 in Lewis County, Washington. No probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/18 interest in the oil estate and 1/9 interest gas estate underlying said 54 acres have been located. Furthermore, no additional information regarding whether Estella M. Heldreth had issue- natural or adopted- has been located.
g. Upon information and belief, Leonidas L. Heldreth died in 1923 in an unknown location. No probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/18 interest in the oil estate and undivided 1/9 interest in the gas estate underlying said 54 acres have been located. Furthermore, no
{13274151TM
additional information regarding whether Leonidas L. Heldreth had issue- natural or adopted- has been located. This action is brought for the purpose of authorizing the execution and delivery of a valid
and present mineral lease for development of the particular minerals described in the petition, and thereafter, in the case of any respondent or heir, successor or assign of any respondent who does not appear to claim ownership of the Respondents’ interest within seven years after the date of the lease, for the Court to order a conveyance of the Respondents’ mineral interest under W.Va. Code § 55-12A-7, subject to the lease, to the owner of the surface overlaying the mineral interest.
A copy of the Verified Petition can be obtained from the Circuit Clerk of Marion County, West Virginia and/or from Briana J. Marino, Esq., attorney for the Petitioner located at 300 Summers Street, BB&T Square, Suite 1000, Charleston, WV 25301. Estella McDaniel Heldreth and Leonidus Leton Heldreth’s Unknown Heirs and Beneficiaries must appear and respond to the Verified Petition on or before January 15, 2017, or action may be taken by the Court in accordance with the law.
(B2741511.1)
Times: December 12, 19 and 26, 2016