Petition to Property Owners

IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA
XTO ENERGY INC.,
Petitioner,
v.
CIVIL ACTION NO.
15-C-133
JUDGE ALOI
The UNKNOWN HEIRS
AND
BENEFICIARIES OF
LAURA
ALICE STUART,
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-133, 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 Respondent Laura Alice Stuart’s unknown heirs and beneficiaries, whose heirs and beneficiary’s last known address(es) 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 Pamela K. Bland; Gary Postlethwait c/o Willevene Postlethwait
On the East by lands of William C. & Elizabeth Anderson
On the South by lands of Dianna S. Cappiello; Melvin W & Nancy L.
Linville
On the West by lands of James W E & Joan Hayes
and containing, 27.40625 acres of land, more or less, said lands being described in that certain Deed from Jacob Dawson and Louisa J. Dawson, his wife, to Lafayette Crouser dated March 5, 1907 and recorded in Deed Book 152, Page 319.
Respondent’s unknown heirs and beneficiaries’ ownership of an undivided 1/4 of the oil and gas estate underlying the Subject Property is by virtue of the following:
a. By Will dated January 8, 1915, recorded in Will Book 5, Page 477 and probated February 9, 1915, I.N. Ashcraft (a.k.a. Isaac N. Ashcraft) devised to Laura Looman and Ada Riley the remainder of his estate, which included the Subject Property.
b. Laura Looman died April 7, 1949 leaving Joseph A. Looman, her husband, Arden D. Looman, her son, and Laura Alice Stuart, her granddaughter, as her sole heirs at law.
c. Joseph A Looman died on or about March 18, 1951 terminating the life estate which existed in the Subject Property as a result of being Laura A. Looman’s widower. Laura Alice Stuart then possessed an unencumbered and undivided ? interest in the oil and gas underlying the Subject Property.
d. No evidence or documents have been located to determine whether Laura Alice Stuart ever had issue- either by birth or adoption. As of 1951, the fiduciary records of Joseph A. Looman recites Laura Alice Stuart as living in Wilmington, Delaware. No death or estate record has been located for Laura Alice Stuart.
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 Respondent’s 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. Laura Alice Stuart’s 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