In the Circuit Court of Upshur County, West Virginia Gary Given Plaintiff, v. Case No. CC-49-2025-C-21 Judge Jacob E. Reger Mary Given and Johnny C. Given Defendants NOTICE OF SALE Pursuant to the authority vested in the undersigned Special Commissioner, by an order of the Circuit Court of Upshur County, West Virginia, entered pursuant to a hearing on September 16, 2025, the undersigned, as Special Commissioner of said Court and pursuant to the Courts authority and direction, will offer for sale the following described real estate situate in both Washington and Union Districts, Upshur County, West Virginia, as more fully described as follows: FIRST TRACT Washington District, Tax Map 7J/Parcel 5 All that certain tract, lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Sand Run, in Washington District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a pin oak, corner to lands of George Sites, and running thence N. 25 E. 93 poles to a black oak, Thompson’s line; thence with Thompson’s line, N. 65 W. 74 poles to a stone in said line; thence S. 25 W. 190 poles to a stake and stone on a line of John Linger; thence with Linger’s line, S. 70 E. 91 poles to a stake in a line of Soloman Day’s line; thence with Day’s line, N. 20 E. 87 poles to a chestnut; thence N. 66 W. 13 poles to the beginning, containing 92 acres, more or less. There is EXCEPTED AND RESERVED from said 92 acre tract, that certain portion thereof containing 9.43 acres, more or less, as conveyed by Rex B. Reed and Wilma Reed by Terry Hinkle and Florence Hinkle, by deed dated June 28, 1949, and recorded in the Office of the Clerk of the County Commission of Upshur County, West Virginia in Deed Book 127 at page 421, and reference is hereby made to said deed for all pertinent purposes. The First Tract herein described is the same tract conveyed to James O. Given and Naomi G. Given by William G. Eskew, et al, by deed dated June 9, 1989, and recorded in the Office of the Clerk of the County Commission of Upshur County, West Virginia in Deed Book 349 at page 48. SECOND TRACT Union District, Tax Map 7J/Parcel 4 All that certain tract, lot or parcel of land, situate in Union District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a hickory, corner to land of William Hiner; thence N. 36-1/2 E. 15 poles to a rock corner; thence S. 63 E. 14 poles crossing Big Sand Run to a stake by the side of the public road; thence S. 22 W. 15 poles to a stake, corner of land of Vesta Hess; thence with a line of said Hess 18 poles, crossing Big Sand Run to the beginning, containing 1-1/2 acres, more or less. There is EXCEPTED AND RESERVED from the aforesaid 1-1/2 acre tract that certain 1/2-acre tract which was conveyed to Mae Dilly by Howard N. Campbell and Osie Campbell, by a deed dated December 28, 1954, and recorded in said Clerk’s Office in Deed Book 149 at page 460, and reference is hereby made to said deed for all pertinent purposes. The Second Tract herein conveyed is the same tract conveyed to James O. Given and Naomi Given by Dewey R. Linger and Hazel R. Linger, by deed dated February 4, 1969, and recorded in said Clerk’s Office in Deed Book 205 at page 522. THIRD TRACT Union District, Tax Map 7J/Parcel 7(4) All that certain tract, lot or parcel of land, situate in Union District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a point in the westerly right of way line of West Virginia Secondary Route No. 16/3, set an iron rod 20 feet from the centerline of said Route No. 16/3, the northeasterly corner of James O. and Naomi Given’s 1.5 acre tract, and also in an original line of Forest G. and Annabell L. Hardman’s 13.65 acre tract from which the herein described tract is taken, and from which an iron rod set in the easterly right of way line of said Route No. 16/3, an original corner to said 13.65 acre tract, bears S. 57-00 E. 40.12 feet; thence with said 1.5 acre tract for one line and with the original lines of said 13.65 acre tract for three (3) lines, N. 57-00 W. 220.32 feet to a set iron rod, the northwesterly corner of said 1.5 acre tract, and in a line of James O. and Naomi Given’s 29.17 acre tract; thence with another line of said 29.17 acre tract, crossing Big Sand Run, S. 66-00 E. 53.40 feet to a set iron rod in the westerly right of way line of said Route No. 16/3, 20 feet from centerline; thence with the westerly right of way line of said Route No. 16/3 for seven (7) lines, S. 26-13 W. 52.31 feet; S. 31-15 W. 198.24 feet; S. 31-27 W. 39.97 feet; S. 34-04 W. 140.26 feet; S. 38-58 W. 108.33 feet; S. 33-56 W. 167.53 feet; and S. 30-40 W. 221.08 feet to the point of beginning, containing 2.931 acres, more or less. The Third Tract herein conveyed is the same tract conveyed to James O. Given and Naomi Given by Forest G. Hardman and Annabell L. Hardman, by deed dated November 19, 1980, and recorded in said Clerk’s Office in Deed Book 292 at page 508. FOURTH TRACT Union District, Tax Map 7J/Parcel 8 All that certain tract, lot or parcel of land, situate in Union District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a maple, standing on the bank of a branch of Sand Run and running thence __ 51-1/2 W. 59.09 poles to a fence post, corner of Goff Hess; thence with said Hess line, S. 64-1/4 E. 32.55 poles to a hickory stump Goff Hess and C.B. Westfall’s corner; thence with Westfall’s line, N. 37-1/2 E. 71.64 poles to a white oak stump, corner of Westfall; thence S. 71-1/2 E. 8 poles crossing Sand Run to a stake in the County Road; thence with the road, N. 3-1/2 W. 12 poles; thence N. 39-3/4 W. 16 poles to a stone near a bridge; thence with the meanders of Sand Run, N. 75 W. 16 poles; thence N. 82-1/2 W. 6 poles; thence N. 86 W. 31.16 poles to a stone at the mouth of a small branch of Sand Run; thence S. 57-1/2 W. 21.70 poles to the beginning, containing 29.17 acres, more or less. There is EXCEPTED AND RESERVED from the aforesaid 29.17 acre tract, that certain parcel containing 1 acre, more or less, together with the right of way pertaining thereto, conveyed to Tonya Grace Eve by Naomi Given, by deed dated October 2, 2018, and recorded in said Clerk’s Office in Deed Book 562 at page 228, and reference is hereby made to said deed for all pertinent purposes. The Fourth Tract herein conveyed is the residue of that certain tract conveyed to James O. Given and Naomi Given by Dewey R. Linger and Hazel R. Linger, by deed dated February 4, 1969, and recorded in said Clerk’s Office in Deed Book 205 at page 522. FIFTH TRACT Union District, Tax Map 7H/Parcel 40 All that certain tract, lot or parcel of land, situate in Union District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a stone 22 links from and down Sand Run from the bridge abutment (crossing to Will Hiner’s residence) and running thence down said run with its meanders, N. 73 W. 15.68 poles; S. 83-1/2 E. 5.92 poles; S. 82-1/2 W. 16 poles; N. 81-1/2 W. 4.92 poles; N. 73-1/4 W. 5.92 poles to a white oak standing on the bank of the run, corner to Will Hiner; thence crossing said run, N. 69 W. 4 poles to a stone and maple corner; thence S. 57-1/2 W. 21.4 poles to a stake, said Hiner’s corner; thence N. 17-1/2 E. 32.4 poles to a stake and pointers in the division line and corner to Lot No. 1 assigned Harrison Hess; thence with his line, N. 23-1/2 E. 59 poles to a stone and pointers in a division line of Carrie Hess, in this decree described as Lot No. 3; thence with two of her lines, S. 53-1/2 E. 42 poles to a stake, black gum and two poplars and hickory pointers; thence S. 67 E. 63 poles to a large flat rock across Sand Run, corner to said Carrie Hess in W.B. Hawkins line; thence with said Hawkins line, S. 19-1/2 W. 50 poles to the beginning, containing 37 acres and being Lot No. 2 on a plat showing the partition of the lands of Jerry Hess among his heirs. There is EXCEPTED AND RESERVED from the Fifth Tract herein, the following parcels of land: (1) An 11 acre tract conveyed to Harrison Hess by Goff Hess and Elsie Hess, by deed dated May 14, 1917, and recorded in said Clerk’s Office in Deed Book 65 at page 623. (2) A 20 foot strip on each side of the centerline on Heavner Grove Road conveyed to the State of West Virginia and the State Road Commission by Wilbert Kimble and Bertha Kimble, by deed dated May 26, 1953, and recorded in said Clerk’s Office in Deed Book 144 at page 175. (3) A 0.37 acre tract conveyed to Raymond R. Ward by Wilbert Kimble and Bertha Kimble, by deed dated October 16, 1958, and recorded in said Clerk’s Office in Deed Book 166 at page 128. (4) A 1/2 acre tract conveyed to Ruth R. Ware by Wilbert Kimble, by deed dated January 31, 1962, and recorded in said Clerk’s Office in Deed Book 173 at page 545. (5) A 11.25 acre tract conveyed to John D. Given and Jennifer L. Given by James O. Given and Naomi Given, by deed dated October 29, 2007, and recorded in said Clerk’s Office in Deed Book 472 at page 518. (6) A 1 acre tract conveyed to Johnny C. Given and Edith F. Given by James O. Given and Naomi Given, by deed dated July 27, 1981, and recorded in said Clerk’s Office in Deed Book 299 at page 218. (7) A 1 acre tract conveyed to Mary Given by Naomi Given, by deed dated October 3, 2018, and recorded in said Clerk’s Office in Deed Book 562 at page 222 SIXTH TRACT Union District, Tax Map 7H/Parcel 43 All that certain tract, lot or parcel of land, situate in Union District, Upshur County, West Virginia, and being more particularly bounded and described as follows: Beginning at a post, corner of lands of Raymond R. Ward and Wilbert Kimble, and in the original line of lands of Raymond R. Ward; and running thence S. 6 E. 271 feet to a post in fence line; thence 66 33′ E. 209 feet to a post; thence N. 50 02′ W. 320 feet to a locust stump; thence S. 47 06′ W. 261.5 feet to the place of beginning, containing 1.44 of an acre, more or less. The Fifth and Sixth Tracts herein conveyed are the same tracts conveyed to James O. Given and Naomi Given by Wilbert Kimble, by deed dated November 7, 1962, and recorded in said Clerk’s Office in Deed Book 176 at page 266. The said James O. Given died January 31, 2010 and by virtue of the joint tenancy provision in all of the aforesaid deeds, title vested solely in Naomi Given. The said Naomi Given died intestate February 6, 2021 survived by Mary A. Given, Gary D. Given and Johnny C. Given, her sole intestate heirs at law. By deed dated November 1, 2021 and recorded in said Clerk’s Office in Deed Book 585 at page 425, Mary A. Given conveyed her undivided one-third (1/3rd) interest in the First Tract only to Gary D. Given, thereby vesting in Gary D. Given an undivided two-thirds (2/3rd) interest in the First Tract, with the remaining one-third (1/3rd) interest vested in Johnny C. Given. By deed dated November 1, 2021 and recorded in said Clerk’s Office in Deed Book 585 at page 422, Gary D. Given conveyed his undivided one-third (1/3rd) interest in the Third Tract, containing 2.931 acres, his undivided one-third (1/3rd) interest in the Fifth Tract, containing 11.88 acres, and his undivided one-third (1/3rd) interest in the Sixth Tract, containing 1.44 acres, to Mary A. Given, thereby vesting in Mary A. Given an undivided two-thirds (2/3rd) interest in the Third, Fifth and Sixth Tracts, with the remaining one-third (1/3rd) interest in each of said tracts vested in Johnny C. Given. SAID SALE WILL BE HELD ON NOVEMBER 10, 2025 AT 11:00 A.M. AT THE FRONT DOOR OF THE UPSHUR COUNTY COURT HOUSE, MAIN STREET, BUCKHANNON, WEST VIRGINIA. The terms of sale are as follows: (1) Each tract will be offered for sale individually of the other tracts, each of said six (6) tracts being offered by individual bids. (2) The coal, oil, gas and other minerals underlying each of said tracts offered for sale shall be reserved only to the extent that the same were previously excepted and reserved or conveyed away by owners of record. Any interest in the coal, oil, gas and minerals which are owned by the current owners will be conveyed with the surface to the highest bidder thereof without warranty. (3) All deeds of conveyance shall be by covenants of Special Warranty. (4) The undersigned has secured the services of Kaufman Realty & Auctions to assist in said sale. (5) In addition to in person bids, bidders may bid online provided such bidder has contacted and made the necessary arrangements with Kaufman Realty & Auctions prior to the sale. Any online bidder must directly contact Kaufman Realty & Auctions to arrange for such rights in a timely manner. (6) All sales shall be subject to final approval by the Circuit Court of Upshur County, West Virginia, which Court is vested with the authority to reject any bids. (7) All successful bidders must additionally pay a ten percent (10%) premium on their successful bid. For example, if the highest bidder bids $100,000.00 on a specific tract, in addition to the total bid consideration of $100,000.00, such bidder must also pay a 10% premium thereof ($10,000.00) to Kaufman Realty & Auctions. (8) At the completion of said sale, the highest bidder must promptly deposit with Kaufman Realty & Auctions or the Special Commissioner the 10% bid premium. In the event the successful bidder is an online bidder, the same must be deposited with the Special Commissioner on or before November 12, 2025 at 3:00 p.m. (9) Closing shall occur on or before December 11, 2025 at 3:00 p.m., at which time the full bid price shall be delivered to the undersigned Special Commissioner. Closing shall occur at the Law Offices of Hymes & Coonts, P.L.L.C., 23 W. Main Street, Buckhannon, WV 26201. (10) All sales are subject to all rights of way and easements of record in the Upshur County Clerk’s Office or which would be disclosed by a visual inspection of the premises. (11) All sales are subject to any and all unpaid real estate taxes, specifically including, but not limited to, the 2025 Upshur County Real Estate taxes. (12) The undersigned Special Commissioner reserves the right to cancel or continue said sale, by oral proclamation. Given under my hand this 8th day of October, 2025. Terry D. Reed, Special Commissioner Terry D. Reed Attorney at Law 23 W. Main Street Buckhannon, WV 26201 (304) 472-1565
HYMES & COONTS PLLC
23 W MAIN ST
BUCKHANNON
WV
26201
304-472-1565
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