IN THE CIRCUIT COURT OF HAMPSHIRE COUNTY, WEST VIRGINIA
SHEILA E. WHITACRE,
RUTH FUNKHOUSER,
and
GEORGE WASHINGTON DOLLY,
PETITIONERS,
v. CASE NO. 25-C-71
RANDY LEATHERMAN,
and
the UNKNOWN HEIRS OF BEATRICE ELIZABETH RIGGLEMAN
RESPONDENTS.
ORDER OF PUBLICATION
STATE OF WEST VIRGINIA,
COUNTY OF HAMPSHIRE, to wit:
The object of the above styled Civil Action is to Petition the Court to Partition certain Real Estate owned by Sheila E. Whitacre, Ruth Funkhouser, George Washington Dolly, Randy Leatherman, and the Unknown Heirs of Beatrice Elizabeth Riggleman, with said real estate being described as all that certain lot, tract or parcel of real estate containing 0.37 acre, by calculation of the Hampshire County, West Virginia Assessment records, together with any and all rights, rights-of-way, structures, minerals, easements and appurtenances thereunto belonging, located in the Sherman District, Hampshire County, West Virginia, and being considered as the residue of an original tract containing 32,400 square feet, with said 32,400 square foot tract being more particularly described by metes and bounds in that certain Deed from Judy et ux unto Anderson, with said Deed being dated April 2, 1984, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 270, at Page 532. Less, however, that certain out-conveyance of 16,200 square feet by Deed from Lewis et ux et al unto Malcolm et ux, with said Deed being dated November 24, 1972, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 199, at Page 93.
The aforesaid tract of real estate was originally conveyed unto James D. Anderson by that certain Deed from Elton Judy and Willmetta Judy, with said Deed being dated April 2, 1984, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 270, at Page 532.
Thereafter, James D. Anderson did convey the subject real estate unto James D. Anderson and Beatrice Riggleman, subject to a Life Estate reserved in favor of Randy Leatherman, with said Deed being dated August 1, 2002, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book 421, at Page 233.
That Sheila E. Whitacre, Ruth Funkhouser and George Washington Dolly became vested with certain interests in the subject real estate by that Last Will & Testament of James D. Anderson, and of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Will Book 74, at Page 253; and by the Last Will & Testament of Joy E. Davy of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Will Book 74, at Page 666.
At issue is the fact that Beatrice Elizabeth Riggleman did depart this life on November 13, 2022; however, an Estate has not been opened and/or administered in her name in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, and thereby it cannot be said for certain who her legal heirs and/or beneficiaries may be.
It appearing, by Affidavit filed in this action, that there may be persons who could have an interest or may be affected by the decisions in this action and whose names and addresses are unknown to the Petitioners; it is hereby Ordered that each person which claims to have an interest in said property appear and serve upon Petitioners’ attorney, James O. Heishman, whose address is 204 North Elm Street, Moorefield, WV 26836, an Answer or other defense to the Complaint filed in this action on November 12, 2025; otherwise, judgment by default may be taken against them at any time thereafter.
A copy of said Complaint with a more particular description of the subject property can be obtained from the undersigned Clerk at her office located in the Hampshire County Judicial Annex at 50 S High St, Room #157, Romney, WV 26757
Entered by the Clerk of said Court this 13th day of November 2025.
Circuit Clerk of Hampshire County, West Virginia,
Sonja K. Embrey
By Jessica L. MacBeth
Deputy Clerk
11-19-3c
