IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
Civil Action No. 22-C-332
Judge Darl W. Poling
ARK LAND LLC;
Petitioner/Plaintiff,
v.
ROSS “BUFF” PRESTON DANIEL III AND HIS UNKNOWN, MISSING, AND ABANDONING HEIRS, SUCCESSORS, AND ASSIGNS,
AND
ALL OTHER UNKNOWN OWNERS OF ANY INTEREST IN THE POCAHONTAS SEAM OF COAL WITHIN AND UNDERLYING A CERTAIN TRACT OF LAND IN RALEIGH COUNTY, WEST VIRGINIA,
Respondents/Defendants.
NOTICE OF PETITION
NOTICE IS HEREBY GIVEN that Ark Land LLC (“Ark Land”), having an address of 1 CityPlace Drive, Suite 300, St. Louis, Missouri 63141, has brought the above-styled civil action in the Circuit Court of Raleigh County, West Virginia, pursuant to West Virginia Code Section 55-12A-1 et seq., for the appointment and authorization of a special commissioner to privately sell, execute, and deliver a valid lease to Ark Land covering the interests in the Subject Coal owned by Ross “Buff” Preston Daniel III, his unknown, missing, and abandoning heirs, successors, and assigns (collectively, the “Missing Owners”), and all other unknown parties who hold any right, title, or interest in and to the coal identified as the Pocahontas No. 3 vein or seam of coal within and underlying a certain tract of land located in Mabscott Corp and Town District, Raleigh County, West Virginia, containing approximately 70.80 gross acres, more or less (“Subject Coal”). The Subject Coal is identified by the Raleigh County Assessor’s Office as Tax Map 9999, Parcel 0611-4073 and Tax Map 9999, Parcel 0622-1019. The Subject Coal is more particularly described as follows:
BEGINNING at a stake in Spangler’s Mill Road, with a white oak pointer, a corner on J. W. Bowers line, a corner on the Ewart tract, N. 55deg. 25′ E. 1521 feet to a black gum and small hickory, (crossing Soak Creek road at 1330 feet), S. 77deg. 25′ E. 2023 feet to a large white oak on a flat, S. 37deg. 39′ W. 1481 feet to a poplar, S. 4deg. 50′ E. 683 feet to a chestnut on a high knob, S. 28deg. 13′ W. 204 feet to a chestnut oak and a chestnut on a knob near Spangler’s Mill road, thence with meanders of said road, N. 28deg. 27′ W. 679 feet, N. 34deg. 14′ W. 459 feet, N. 44deg. 10′ W. 219 feet, N. 55deg. 28′ W. 170 feet, N. 80deg. 50′ W. 360 feet; N. 87deg. 40′ W. 230 feet (crossing Soak Creek road), N. 80deg. 16′ W. 150 feet, N. 32deg. 30′ W. 319 feet, N. 67deg. 3′ W. 100′ feet; S. 86deg. 46′ W. 411 feet to the beginning, containing 70.80 acres.
Said description being contained in Deed Book 464, Page 264 (“Subject Property”).1
In this civil action, Ark Land further requests that, in the event that Ross “Buff” Preston Daniel III, his unknown, missing, and abandoning heirs, successors, and assigns, and/or any other unknown parties who old any right, title, or interest in and to the Subject Coal, fail to appear to claim ownership of the petitioned interests within seven (7) years after the date of the above-referenced lease, the Court may order a conveyance of their coal interests pursuant to West Virginia Code Section 55-12A-7, subject to said lease, to the owner of the surface overlying the Subject Coal.
The derivation of title for the persons whose interests are being petitioned in the aforementioned civil action is as follows:
Chain of Title
1. By Deed dated February 7, 1903, and recorded in Deed Book Z, at page 220, Thos. H. Wickham conveyed unto W. R. Graham one entire one-half (1/2) interest in and to five tracts of land, including the Subject Property.
2. By his Last Will and Testament dated December 31, 1935, probated on May 12, 1938, and recorded in Will Book 3, Page 206, Thos. H. Wickham, who died May 5, 1938, devised and bequeathed “to my said wife [Louise B. Wickham], absolutely one half of all my property, real personal and mixed of whatever kind and wherever situated … to my dear daughter, Nancy, the remaining net one half of all of my property as above enumerated.”
3. According to Fiduciary and Bond Record Book 16, Page 168, dated June 8, 1962, and the appraisement dated November 16, 1962, and recorded in Appraisement File 14, Page 3764, Louise B. Wickham died intestate on May 25, 1962, leaving as her sole heir her daughter, Nancy Wickham, and she died seized of a “½ undivided interest in M. 58.92 acres, less ½ undivided interest in coal, Whitestick and Shanks Tract” in Town District and a “½ undivided interest in M. 11.88 acres, less ½ interest in coal, Whitestick-Shanks Tract” in Mabscott Corp. District.2
4. By Deed dated November 10, 1967, and recorded in Deed Book 463, Page 382, Anthony J. Sparacino, Deputy Commissioner of Forfeited and Delinquent Lands for Raleigh County, West Virginia, conveyed unto R. P. Daniel for the non-payment of taxes in the name of W. R. Graham “½ Int., 58.92 A, Whitestick, Shanks Tract Town District”.
5. By Deed dated January 22, 1968, and recorded in Deed Book 464, Page 264, Nancy Wickham, single, conveyed unto R. P. Daniel her one-half (1/2) undivided interest in and to the coal, oil, gas, and other minerals in and to Subject Property.
6. By his Last Will and Testament dated September 29, 1966, probated on February 25, 1974, and recorded in Will Book 21, Page 513, Ross P. Daniel, Sr., who died on February 9, 1974, devised and bequeathed “unto my wife, Edith B. Daniel, all of the real estate of which I die seized and possessed, wherever situate and lying.”
7. By her Last Will and Testament dated February 12, 1978, probated on July 10, 1987, and recorded in Will Book 41, at page 543, Edith B. Daniel, who died on July 3, 1987, devised and bequeathed “all of the rest of my property, real, personal and mixed, of every nature whatsoever, and wherever situate, I give and bequeath to my sons, Ross Preston Daniel, Jr. and C. Richard Daniel, share and share alike.”
8. According to affidavit of heirship dated July 15, 2022, and recorded July 20, 2022, in Deed Book 5076, Page 9205, Ross Preston Daniel, Jr., died intestate on June 11, 1990, survived by his three children, Martha Daniel, Suzanne Daniel Bickerton, and Ross Preston Daniel III.
The last known address for Ross “Buff” Preston Daniel III is 5115 Highland Road, Apartment 152, Baton Rouge, Louisiana 70808.
Based on the documents of record and Ark Land’s extensive search into the history of the Missing Owners, Ark Land has determined that Ross “Buff” Preston Daniel III, his unknown, missing, and abandoning heirs, successors, and assigns are unknown, missing, or abandoning within the meaning of West Virginia Code Sections 55-12A-2(1), -2(5) and that they are the last known holders of any interests in the petitioned interests.
Upon information and belief, the Missing owners are vested with an unleased 16.66% undivided interest in the coal underlying 58.92 acres of the Subject Property and an 8.33% undivided interest in the coal underlying 11.88 acres within and underlying the Subject Property.
You are hereby notified that the Court may enter an order for the appointment and authorization of a special commissioner to privately sell, execute, and deliver a valid lease to Ark Land covering the interests in the Subject Coal owned by Ross “Buff” Preston Daniel III, his unknown, missing, and abandoning heirs, successors, and assigns and all other unknown parties who hold any right, title, or interest in and to the Subject Coal. You are also notified that in the event that Ross “Buff” Preston Daniel III, his unknown, missing, and abandoning heirs, successors, and assigns and/or any other unknown parties who hold any right, title or interest in and to the Subject Coal fail to appear to claim ownership of the petitioned interests within seven (7) years after the date of the above-referenced lease, the Court may order a conveyance of their coal interests to the surface owner of the Subject Coal.
1 All book and page numbers referenced herein refer to instruments of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, unless otherwise noted.
2 The 58.92 acres and 11.88 acres total 70.80 acres. In the 1911 Land Book the assessment for the Subject Property tract was split between Town District (59.28 acres) and Mabscott Corp. District (11.88 acres).
STEPTOE & JOHNSON PLLC
Of Counsel
Roger S. Christenson II, W. Va.
Bar #11649
Stephenee R. Gandee, W. Va.
Bar #13614
400 White Oaks Boulevard
Bridgeport, WV 26330
(304) 933-8000
Attorneys for Ark Land LLC