Marion

Legal Notice

IN THE CIRCUIT COURT OF MARION COUNTY

ORTHODOX EDUCATIONAL
SOCIETY
a West Virginia Corporation
Plantiff/Petitioner,

v.

Civil Action No.: 2024-C-114
Honorable David Janes, Judge

THOMAS JONATHAN
MACDONALD,
Defendant/Respondent.

ORDER OF PUBLICATION

1. Please be advised that a Civil Complaint has been filed in the Circuit Court of Marion County, West Virginia, affecting a certain tract or parcel of land located in Winfield District, Marion County, West Virginia, comprising part of the tracts currently identified as Tax Map 25, Parcels 12 and 12.0004, and Map 26, Parcel 1, which tracts or parcels are more particularly bounded and described as follows:

TRACT A:
FIRST PARCEL:
All that certain tract or parcel of real estate situate on the headwaters of Pricketts Creek in Winfield District, Marion County, West Virginia, and more particularly bounded and described as follows:

BEGINNING at a poplar, corner to lands of Ila Lake, and running thence S. 84° 45’ E. 177 poles to a Dogwood, corner to real estate now or formerly owned by W. H. Phillips; thence S. 22° W. 114 poles to a stone pile, a corner to lands of Arl Bunner; thence with the lands of said Bunner, N. 86° W. 181 poles to pointers, corner to lands of Ila Lake, and thence with the lands of Ila Lake, S. 26° 30’ E. 118 poles to the beginning, containing 113 acres, more or less.

SECOND PARCEL:
Beginning at a Chestnut tree, corner to I. H. Lake’s line, and running with said Lake’s line, S. 2° W. 9 poles to a stone corner; thence E. 5 poles to a stone, corner to Elisha Phillips line; thence S. 7 3/4 poles to a stone, corner to Elisha Phillips line; thence E. 4 1/2 poles to a stone, corner to Elisha Phillips line; thence N. 15 3/4 poles to a stone, corner to John A. Fast’s line; thence with John A. Fast’s line, 13 poles and 14 feet to the beginning, containing 1 acre, more or less.

And being the same real estate conveyed to Mary Blews MacDonald, by deed from Thomas James MacDonald, dated the 29th day of June, 1966, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia (“Clerk’s Office”), in Deed Book No. 711, at page 151.

THIRD PARCEL:
An undivided six-tenths (6/10) interest in and to all the coal, oil, gas and other minerals within and under-lying the two above described and conveyed tracts or parcels of real estate, being an undivided one-half (1/2) interest therein acquired by Thomas James MacDonald’s predecessor in title by deed to said First Parcel by her and her late husband, John Wesley MacDonald, during the lifetime of the latter, and one-half (1/2) of Thomas James MacDonald’s predecessor in title’s interest in said Second Parcel acquired by her and her late husband by survivorship deed, during the lifetime of the latter, and the undivided one-tenth (1/10) interest in said parcels of Thomas James MacDonald therein conveyed to Thomas James MacDonald’s predecessor in title by said last mentioned deed, excepting and reserving therefrom that certain coal and mining privilege reserved by certain grantors by deed of record in said County Clerk’s office in Deed Book 407, at Page 123, reference to which is hereby made.

FOURTH PARCEL:
An undivided one-half (1/2) interest in and to the coal, oil, gas and minerals underlying the following tract of real estate, situate and lying partly in Winfield District; Marion County, West Virginia, and partly in Fetterman District, Taylor County, West Virginia, and more particularly bounded and described as follows:

BEGINNING at a stone corner to J. B. Hoffman; thence N. 68 1/2° W. 40 1/16 poles to a stone and pointers; thence N. 38 ½ E. 32 1/2 poles to a Dogwood; thence N. 67° W. 23 1/16 poles to a White Oak; thence N. 5° E. 62 4/5 poles to a stone in line of property of Roseana Fast; thence N. 84 3/4° W. 58 4/5 poles to a stake; thence S. 2 1/2° W. 15 4/5 poles to a stake; thence S. 88° W. 4 2/5 poles to a stake; thence N. 26° W. 9 3/5 poles to a stake; S. 88 1/2° W. 5 poles in the line of Ila Lake; thence S. 2 1/2° W. 70 1/5 poles to a stone and corner to J. B. Hoffman; thence S. 86° E. 22 poles to pointers in road; thence S. 29° W. 8 poles to a stake; thence S. 3 3/4° W. 10 poles to a stake; thence S. 13° W. 18 poles to a stake; thence S. 6 1/2° E. 5 poles to a stake; thence S. 25° E. 12 poles to a stake; thence S. 60 1/4° E. 26 poles to a stake; thence S. 38 1/2° E. 5 poles to a stake; thence S. 6 1/4° E. 9 poles to a stake; thence S. 35° E. 6 poles to a stake; thence S. 54 1/2° E. 13 poles to a stake; thence S. 55° E. 9 3/5 poles to a stake; thence N. 36 3/4° E. 73 3/5 poles to the place of beginning and containing 75 acres, more or less.

And being the same one-half (1/2) interest in said coal, oil, gas and other minerals conveyed to John Wesley MacDonald and Mary Blews MacDonald, husband and wife, by Blanche O. Musgrove and A. L. Musgrove, her husband, by Deed dated the 13th day of May, 1946, and recorded in the Clerk’s Office, in Deed Book No. 428, at page 513.
Said TRACT A, being the same real estate conveyed to Thomas James MacDonald by Mary Blews MacDonald, widow and unremarried, by deed dated the 12th day of September, 1974, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 781, at page 573. The said Thomas James MacDonald died intestate on July 4, 2020, a resident of Marion County, West Virginia. Pursuant to the laws of descent and distribution in effect for the State of West Virginia at that time, upon his death, title to the subject property vested in Sandra Kay MacDonald, his wife. Thereafter, Sandra Kay MacDonald died intestate on March 25, 2021, a resident of Meigs County, Ohio. Pursuant to the laws of descent and distribution in effect for the State of West Virginia at that time, upon her death, title to the subject property vested in her children, namely, Sylvia Lynne MacDonald, George Curtis MacDonald, and Thomas Jonathan MacDonald, in equal amounts.

TRACT B:
All that certain parcel of real estate, situate and lying partly in Winfield District, Marion County, West Virginia, and partly in Fetterman District, Taylor County, West Virginia, and more particularly bounded and described as follows:

BEGINNING at a stone corner to J. B. Hoffman; thence North 68½ degrees West 40 1/16 poles to a stone and pointers; thence North 38½ degrees East 32½ poles to a Dogwood; thence North 67 degrees West 23 1/16 poles to a White Oak; thence North 5 degrees East 62 4/5 poles to a stone in line of property of Roseana Fast; thence North 84 3/4 degrees West 58 4/5 poles to a stake; thence South 2½ degrees West 15 4/5 poles to a stake; thence South 88 degrees West 4 2/5 poles to a stake; thence North 26 degrees West 9 3/5 poles to a stake; thence South 88½ degrees West 5 poles in the line of Ila Lake; thence South 2½ degrees West 70 1/5 poles to a stone and corner to J. B. Hoffman; thence South 86 degrees East 22 poles to pointers in road; thence South 29 degrees West 8 poles to a stake; thence South 3 3/4 degrees West 10 poles to a stake; thence South 13 degrees West 18 poles to a stake; thence South 6½ degrees East 5 poles to a stake; thence South 25 degrees East 12 poles to a stake; thence South 60¼ degrees East 26 poles to a stake; thence South 38½ degrees East 5 poles to a stake; thence South 6¼ degrees East 9 poles to a stake; thence South 35 degrees East 6 poles to a stake; thence South 54½ degrees East 13 poles to a stake; thence S. 55 degrees East 9 3/5 poles to a stake; thence North 36 3/4 degrees East 73 3/5 poles to the place of beginning and containing 75 acres more or less, and being the same real estate that was conveyed by Blanche O. Musgrove and A. L. Musgrove, her husband, to the said John Wesley MacDonald and Mary Blews MacDonald, husband and wife, by deed, dated- May 13, 1946, and recorded in the office of the Clerk of-the County Court of Marion County, West Virginia, in Deed Book No 428, at page 513.

Said TRACT B, being the same real estate conveyed to Thomas James MacDonald by Mary Blews MacDonald, widow, et al., by deed dated the 21st day of April, 1961, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 633, at page 562. The said Thomas James MacDonald died intestate on July 4, 2020, a resident of Marion County, West Virginia. Pursuant to the laws of descent and distribution in effect for the State of West Virginia at that time, upon his death, title to the subject property vested in Sandra Kay MacDonald, his wife. Thereafter, Sandra Kay MacDonald died intestate on March 25, 2021, a resident of Meigs County, Ohio. Pursuant to the laws of descent and distribution in effect for the State of West Virginia at that time, upon her death, title to the subject property vested in her children, namely, Sylvia Lynne MacDonald, George Curtis MacDonald, and Thomas Jonathan MacDonald, in equal amounts.

2. Thomas Jonathan MacDonald, who had an ownership interest in the above described property, conveyed the same to Plaintiff. The duly executed deed, although sent to the Office of the Clerk of the County Commission of Marion County, West Virginia for recordation, was not recorded and the original not returned to the Plaintiff. Diligent efforts by Plaintiff to locate Thomas Jonathan MacDonald in order to obtain a duplicate original deed have been unsuccessful.

3. The object of the Civil Complaint is to quiet Plaintiff’s title in and to the described property, adjudging it to be the sole property of Plaintiff, not subject to any liens or claims of Defendant, Thomas Jonathan MacDonald.

4. This action has been assigned Case Number CC-24-2024-C-114 and is pending in the Circuit Court of Marion County, West Virginia, with the mailing address of 219 Adams Street, Fairmont, West Virginia 26554. A copy of the Civil Complaint may be obtained through the referenced Clerk’s Office at the above-listed address.

5. You are hereby required to answer the Civil Complaint within 30 days of the first publication of this notice, which will be published once weekly for 3 consecutive weeks. The first publication will be on January 23, 2025, and the 30 days to answer will commence on that date. Your Answer must be filed with the above-referenced Clerk’s office at the address provided and a copy sent to Plaintiff’s counsel, Kelly J. Kimble at the law firm of Spilman Thomas & Battle, PLLC, whose address is 48 Donley Street, Suite 800, Morgantown, West Virginia 26501.

6. In the event of your failure to answer or otherwise respond as required by the West Virginia Rules of Civil Procedure, judgment by default will be rendered against you for the relief demanded in the Petition.

IT IS SO ORDERED this 9th day of January, 2025.

E-FILED | 1/9/2025 2:41PM
CC-24-2024-C-114
Marion County Circuit Clerk
Mary Allen

ID: 850889

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