Source: July 23, 2015 Read More →

Petition for Property Owners

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
XTO ENERGY INC.,
Petitioner,
v.
CIVIL ACTION NO. 15-C-136
JUDGE JANES
The UNKNOWN HEIRS AND
BENEFICIARIES OF Z. BROOKS NUZUM,
RICHARD F. CROWL, SARA E. HAMILTON,
JOHN AMBROSE MILLER,
AMY LOUISE MARTIN, ALEXANDER HALL,
BARRETT H. CHILDS, and
HARRY W. HAMILTON, III, Respondent.
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-136, 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 a lease of the oil and gas interest owned by Respondents Z. Brooks Nuzum, Richard F. Crowl, Sara E. Hamilton, John Ambrose Miller, Amy Louise Martin, Alexander Hall, Barrett H. Childs and Harry W. Hamilton, III,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 now or formerly as follows:
On the North by lands of Marlin G. and Marlene Lucas;
On the East by lands of Larry and Jennette Smith;
On the South by lands of Scott and Tamela Deavers;
On the West by lands of Henry and Lynn Desnos.
and containing, 30 acres, more or less, situated on the waters of Little Bingamon Creek, as described in a deed dated July 9, 1980, recorded July 10, 1980, in Deed Book 828, Page 257 from A.C. Smith to Collette L. Smith, his wife, conveying an undivided one half (1/2) interest, together with the right of survivorship in the remaining one half (1/2) interest not conveyed, excepting and reserving 1.55 acres being the second tract described in the 30 acre tract described in Deed Book 828, Page 257.
Based upon said examination, Respondent Z. Brooks Nuzum’s ownership of an undivided 1/224 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death list the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Opal G. Hamilton (a/k/a Opal G. Hamilton Nuzum) devised her estate to Z. Brooks Nuzum, Amy Louise Martin, Trevelyn Hall and Alexander Hall per her Last Will and Testament recorded in Will Book 58, Page 498.
f. Upon information and belief, Z. Brooks Nuzum died on or about November 29, 1987. No additional information regarding whether Z. Brooks Nuzum had issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/224 interest in the Property have been located.
Based upon said examination, Respondent Sara E. Hamilton’s ownership of an undivided 1/56 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death list the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Herbert Lewis Hamilton died on an unknown date; however, per his Last Will and Testament recorded in Will Book 35, Page 567 he devised his entire estate to his wife, Sara E. Hamilton
f. Upon information and belief, Sara E. Hamilton died on or about January 4, 1990. No information regarding whether Sara E. Hamilton had issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of Sara E. Hamilton’s undivided 1/56 interest in the Property have been located.
Based upon said examination, Respondent John Ambrose Miller’s ownership of an undivided 1/56 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death list the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Upon information and belief, Maude Amy Hamilton McAtee Miller died on a date unknown; however, per her Last Will and Testament recorded at Will Book 51, Page 552, all of her property, real and personal, was bequeathed to John Ambrose Miller.
f. No information has been located regarding John Ambrose Miller, including whether he is living or deceased No additional information regarding whether John Ambrose Miller had issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/56 interest in the Property have been located.
Based upon said examination, Respondent Amy Louise Martin’s ownership of an undivided 1/224 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death list the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Opal G. Hamilton (a/k/a Opal G. Hamilton Nuzum) devised her estate to Z. Brooks Nuzum, Amy Louise Martin, Trevelyn Hall and Alexander Hall per her Last Will and Testament recorded in Will Book 58, Page 498.
f. Per the U.S. Social Security Death Index, Amy Louise Martin died on or about February 14, 1993 in Alameda, California. No additional information regarding whether Amy Louise Martin had issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of her undivided 1/224 interest in the Property have been located.
Based upon said examination, Respondent Alexander Hall’s ownership of an undivided 1/224 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death lists the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Opal G. Hamilton (a/k/a Opal G. Hamilton Nuzum) devised her estate to Z. Brooks Nuzum, Amy Louise Martin, Trevelyn Hall and Alexander Hall per her Last Will and Testament recorded in Will Book 58, Page 498.
f. Per the U.S. Social Security Death Index, Alexander Hall died on or about September 10, 1976 in Orlando, Orange County, Florida. No additional information regarding whether Alexander Hall had issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/224 interest in the Property have been located.
Based upon said examination, Respondent Barrett H. Childs’ ownership of an undivided 1/224 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Upon information and belief, Lexie Hamilton Barrett predeceased Rebecca L Crowl Hamilton on March 20, 1907, leaving Edgar Overton Barrett, II as her sole heir at law.
e. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death lists the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
f. Per the Affidavit of Heirship recorded in Book 1158, Page 631 Edgar Overton Barrett, II died intestate on or about July 23, 1987 in Marion County, WV leaving Beverly Church Barrett Childs and Edgar Overton Barrett, III as his sole heirs at law.
g. Upon information and belief, Beverly Church Barrett Childs died intestate on or about November 14, 2008 leaving Valerie Lewis Childs and Dr. Barrett H. Childs as her sole heirs at law.
h. Dr. Barrett H. Childs’ current whereabouts are unknown at this time. An address of 5410 Netherland Ave, Apt. A53, Riverdale, NY 10471 was identified as a potential address for the Respondent; however, no response or confirmation has been received or ascertained despite continued research. Therefore, it is also unknown whether Barrett H. Childs is currently living or deceased.
i. No additional information regarding whether Barrett H. Childs had/has issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/224 interest in the Property have been located.
Based upon said examination, Respondent Harry W. Hamilton, III’s ownership of an undivided 1/56 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. By deed dated June 2, 1924, recorded October 3, 1924, W.A. Crowl and Bertie Crowl, et al. (heirs of Amy Crowl and their spouses) conveyed to J.G. Davis 30 acres of land, more or less, situate on the waters of Little Bingamon Creed, Lincoln District, Marion County excepting and reserving to grantors all oil and gas, together with the right to lay pipelines and build tanks, stations, structures, water and gas from said land to take care of said oil and gas when produced.
d. Rebecca Crowl (a/k/a Rebecca L. Crowl Hamilton) died intestate on May 26, 1931 per the Certificate of Death filed May 29, 1930 by her husband F. Lockwood Hamilton. The Certificate of Death lists the following heirs at law: Edgar Overton Barrett, II, Pearl Lulu Hamilton, Maude Amy Hamilton McAtee, Glenn Burke Hamilton, Opal G. Hamilton, Marshall Merle Hamilton, Harry Wayne Hamilton and Herbert Lewis Hamilton.
e. Per the Affidavit of Heirship recorded in Book 1151, Page 259, Harry Wayne Hamilton (Sr.) died on or about June 24, 1966 in Harrison County, West Virginia. Upon information and belief, Harry Wayne Hamilton had the following heirs at law: Cora Lyons, Harry W. Hamilton, III, David Robert Hamilton, and William Peter Hamilton.
f. Harry W. Hamilton, III’s current whereabouts are unknown at this time. An address of 3202 Allendale Street, SW, Roanoke, VA 24014 was identified as a potential address for the Respondent; however, no response or confirmation has been received or ascertained despite continued research. Therefore, it is also unknown whether Harry W. Hamilton, III is currently living or deceased.
g. No additional information regarding whether Harry W. Hamilton, III had/has issue- natural or adopted- has been located. Furthermore, no additional information, including probate records, estate records, conveyance instruments, etc., regarding the disposition of his undivided 1/56 interest in the Property have been located.
Based upon said examination, Respondent Richard F. Crowl’s ownership of an undivided 1/14 of the oil and gas estate underlying the Property is by virtue of the following:
a. By deed dated January 7, 1869, recorded March 16, 1869 in Deed Book 19, Page 124, A. Hess and Isabel Hess, his wife, conveyed to Amy Crowl and the heirs of her body, wife a R. Crowl (a/k/a Richard B. Crowl) a tract of land containing 30 acres, more or less, lying on the waters of Little Bingamon in then Mannington District, Marion County, West Virginia.
b. Per the Marion County Register of Deaths, c. 1905, Amy Crowl died intestate on or about November 8, 1904; R. Crowl (a/k/a Richard B. Crowl) died intestate on November 20, 1907. Based upon information found on U.S. Gen Web Archives for Marion County, West Virginia Amy Crowl and R. Crowl had nine (9) heirs at law, comprised of seven (7) biological children (their surviving spouses and heirs) and two (2) grandchildren. The heirs of Amy Crowl via biological issue are: Willy A. Crowl, James F. Crowl, Timothy A. Crowl, Rebecca L. Crowl, Jennie B. Crowl, Sara A. Crowl, and Silas J. Crowl. The heirs of Amy Crowl via grandchildren of non-surviving issue are: Jesse F. Crowl and Jacob J. Crowl.
c. Silas Jackson Crowl (a/k/a Silas J. Crowl) died on March 27, 1931. It is unknown whether his wife, Mary Virginia Keller, predeceased him.
d. Upon information and belief, Silas Jackson Crowl and Mary Virginia Keller had three children: Amy B. Crowl, who died at age 11 on or about March 19, 1888; Richard F. Crowl, who died under the age of 21 and prior to the 1900 U.S. Census; and Bessie A. Crowl Belch, who died on or about April 22, 1916.
e. Richard F. Crowl died prior to the age of 21; however, it is unknown whether Respondent married prior to his death or had issue- natural or adopted- or died testate or intestate. No additional information, probate records, death records, estate records, conveyance instruments, etc. regarding Richard F. Crowl’s life, estate or death have been located.
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 Respondent’s 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. Respondents’ Unknown Heirs and Beneficiaries must appear and respond to the Verified Petition on or before August 30, 2015, or action may be taken by the Court in accordance with the law, including, but not limited to default judgment.
Times: July 23, 30, August 6, 2015