Civil Action No. 15-C-201

IN THE CIRCUIT COURT
OF MARION COUNTY,
WEST VIRGINIA
XTO ENERGY INC.,
Petitioner,
v.
CIVIL ACTION NO.
15-C-201
JUDGE ALOI
The UNKNOWN HEIRS
AND BENEFICIARIES
OF JAMES STURM
and SARAH ELIZABETH
STURM a.k.a. SALLIE
STURM, husband and
wife,
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. 15-C-201, 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 James Sturm and Sarah Elizabeth Sturm a.k.a. Sallie Sturm’s unknown heirs and beneficiaries, whose heirs and beneficiary’s last known address is unknown.
The property subject to the Petition is situated in Lincoln District, Marion County, West Virginia, and bounded substantially as follows:
Tract One (Tax Map Parcel No. 11-0027-9)
On the North by lands of Melvin W. Linville & Nancy L. Linville;
On the East by lands of Melvin W. Linville & Nancy L. Linville;
On the South by lands of Roger D. Martin;
On the West by lands of Thomas R. Edgell, II, and Andrea D. Dye;
and containing, 2.275 acres of land, more or less, said lands being described in that SECOND parcel in that certain Deed from Randall L. Nedley and Neva K. Nedley, husband and wife, to Andrea Dale Dye, dated June 29, 2010, and recorded in Deed Book 1065, Page 411.
Tract Two (Being Part of Tax Map Parcels 11-27-6, 11-27-8.2, 11-27-8.4, 11-27-8.5)
On the North by lands of Scott and Tammy Deavers;
On the East by lands of Terry L. and Betty Strother;
On the South by lands of Mary A. and Darris P. Riegel;
On the West by lands of James W. E. Hayes and Joan Hayes
and containing, 44.00 acres of land, more or less, and part of all said land is described in those certain deeds from James and Sarah Sturm, to M.M. Martin, dated October 16, 1911, and recorded in Deed Book 179, Page 280 and also Melvin M. Martin and Pearl G. Martin to Howard Earl Martin, dated October 31, 1911, recorded in Deed Book 179, Page 279.
Respondent’s ownership of an undivided 1/2 interest in the oil and gas estate under the 44.00 acre tract described above; and an undivided 2/5 interest in the oil and gas estate under the 2.275 acre tract described above is by virtue of the following:
a. By deed dated January 21, 1889, John Blackshire and Jana B. Blackshire, husband and wife, and the Farmer’s Bank of Fairmont conveyed to James Sturm that certain parcel of land on the waters of Little Bingamon Creek contain 104 acres and 35 rods as recorded in Deed Book 35, Page 617 in the Office of the Clerk of the County Commission of Marion County, West Virginia.
b. By various Deed described below, James Sturm and Sarah Elizabeth Sturm a.k.a. Sallie Sturm, husband and wife, made numerous out conveyances from the 104 acres and 35 rods tract:
1. By Deed dated February 8, 1893, conveyed to Mary J. Ashcraft 4 acres and 128 3/4 poles, more less, recorded in Deed Book 61, Page 340.
2. By Deed dated February 18, 1893, conveyed to Mary M. Martin 56 acres and 63 poles, more or less, recorded in Deed Book 61, Page 18.
3. By Deed dated January 25, 1900, conveyed to George T. Duck all of the rights, privileges and ownership of the Pittsburgh vein of coal underlying 44 acres, more or less, recorded in Deed Book 91, Page 418.
2.275 Acre Property
c. By Deed dated June 20, 1905, James Sturm and Sarah Elizabeth Sturm a.k.a. Sallie Sturm, husband and wife, conveyed to G.B. and Myrtle Yost the surface of a parcel of land containing 2 acres and 44 poles (2.275 acres), more or less, recorded in Deed Book 195, Page 139. The Deed specifically excluded any interest in the coal, oil or gas underlying said parcel.
d. By Deed dated June 7, 1906, James Sturm and Sarah Elizabeth Sturm a.k.a. Sallie Sturm, husband and wife, conveyed to M.E. Carroll and Bird Carroll, husband and wife, all of the unsold coal and 3/5 of all the oil and gas royalty and rental underlying a parcel of land containing 2 acres 44 poles (2.275 acres), more or less, recorded in Deed Book 143, Page 256.
44.00 Acre Property
e. By Deed dated October 16, 1911, James Sturm and Sarah Elizabeth Sturm, husband and wife, conveyed to M.M. Martin a certain parcel of land containing 44.00 acres, more or less, subject to certain exceptions and reservations, including, a reservation of 1/2 of the gas underlying the parcel, recorded in Deed Book 179, Page 280.
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. James Sturm and Sarah Elizabeth Sturm a.k.a. Sallie Sturm’s Unknown Heirs and Beneficiaries must appear and respond to the Verified Petition on or before November 1, 2015, or action may be taken by the Court in accordance with the law.
Times: September 26, October 3, 2015