IN THE CIRCUIT COURT OF WOOD COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. CC-54-2021-C-133
DAVID ALFRED,
CHARMAINE SLATTERY FEORENE,
PLAINTIFFS,
v.
THE ESTATE OF JANE LUANA FURR,
WILLIAM M. DAILEY, JR,
STEPHEN H. DAILEY,
CARRIE ALLMAN,
DEFENDANTS.
NOTICE OF SPECIAL COMMISSIONER’S PARTITION SALE
Pursuant to an Order of the Circuit Court of Wood County, West Virginia, entered in this case, the undersigned Special Commissioner will offer for partition sale at public auction at the front door of the Wood County Courthouse, One Court Square, Third & Market Streets, Parkersburg, Wood County, West Virginia, on March 8, 2024 at 1:00 p.m., the following described real property, situate in Parkersburg District, Wood County, and State of West Virginia, more particularly described as follows:
FIRST TRACT: BEGINNING at a 1/2″ capped iron rebar (set) in the north line of the James Dake 164.79 acre tract, Deed Book 961, Page 363 (TM 240, PCL A-1), from where a 1/2″ capped iron rebar (set) at the southeast corner of the Frederick Graff 45 acre tract, Deed Book 848, Page 1 (TM 230, PCL J), bears N 35 13′ 11″ W 253.09 feet; thence N 50 54′ 03″ E 1077.92 feet to a point in the centerline of Dry Run Road (50/1), passing a 1/2″ capped iron rebar (set) at 1057.25 feet; with the centerline of Dry Run Road the following 6 courses: thence S 03 11′ 47″ W 95.91 feet to a point; thence S 01 18′ 58″ E 115.81 feet to a point; thence S 06 31′ 49″ E 109.40 feet to a point; thence S 00 41′ 18: E 78.96 feet to a point at the northeast corner of the Thomas Lowe 7.33 acre tract, Deed Book 975, Page 172 (TM 230, PCL U-3); thence S. 55 11′ 56″ W 746.58 feet to a 1/2″ capped iron rebar (set) in the north line of Dake (TM 240, PCL A-1), passing a 1/2″ capped iron rebar (set) at 20.00 feet, at 120.00 feet and at 646.58 feet; thence N 35 13′ 11″ W 392.00 feet with the north line of the James Dake 164.79 acre tract, Deed Book 961, Page 363 (TM 240, PCL A-1) to the place of beginning, containing 8.792 acres, as shown on a plat recorded with the hereinafter mentioned Deed and identified as Tract 1B.
SECOND TRACT: BEGINNING at a 1/2″ capped iron rebar (set) at the southeast corner of the Frederick Graff 45 acre tract, Deed Book 848, Page 1 (TM 230, PCL J); thence N 15 03′ 38″ E 764.43 feet with the east line of the Graff tract to a 1/2″ capped iron rebar (set) in the east line of Graff; thence N 50 33′ 38″ E 869.86 feet to a point in the center line of Dry Run Road (50/1), passing a 1/2″ iron rebar (set) at 854.12 feet; thence S 16 15′ 20″ E 66.73 feet to a point in Dry Run Road; thence S 02 23′ 01″ E 264.74 feet to a point in Dry Run Road; thence S 05 45′ 56″ E 203.655 feet to a point in Dry Run Road; thence S 05 18′ 59″ W 175.38 feet to a point in Dry Run Road; thence D 50 54′ 03″ W 1077.92 feet to a 1/2″ capped iron rebar (set) in the north line of the James Dake 164.79 acre tract, Deed Book 961, Page 363 (TM 240, PCL A-1), passing a 1/2″ capped iron rebar (set) at 20.67 feet; thence N 35 13′ 11″ W 253.09 feet with the north line of said Dake tract to the place of beginning, containing 16.858 acres, as shown on the aforementioned plat as Tract 2.
THIRD TRACT: BEGINNING at a 1/2″ capped iron rebar (set) in the east line of the Frederick Graff 45 acre tract, Deed Book 848, Page 1, from where a 1/2″ capped iron rebar (set) at the southeast corner of the Frederick Graff 45 acre tract, Deed Book 848, Page 1 (TM 230, PCL J) bears S 15 03′ 38″ W 764.43 feet; thence N 15 03′ 38″ E. 1983.74 feet with the east line of the Graff tract to a 1/2″ capped iron rebar (found) in the southerly line of the U. S. Route #50 controlled access right of way (Project X352-D-7.00 CHAP-0282 (101)C); thence S 42 38′ 26″ E 368.72 feet with the southerly line of the U. S. Route #50 controlled access right of way line to a 1/2″ iron rebar (found) at the northwest corner of the Gerald Rhyne 2 acre tract, Deed Book 767, Page 166 (TM 230, PCL L-1); thence S 04 14′ 13″ W 297.00 feet with the west line of the Rhyne tract to a 1/2″ capped iron rebar (set) at the southwest corner of Rhyne; thence S 77 55′ 48″ E 69.30 feet from the south line of the Rhyne tract to a point in the centerline of Dry Run Road (50/1), passing a 1/2″ capped iron rebar (set) at 53.89 feet; with the centerline of Dry Run Road the following fifteen courses: thence S 00 24′ 03″ W 18.37 feet to a point; thence S 00 09′ 27″ W 45.91 feet to a point; S 02 58′ 05″ W 40.73 feet to a point; thence S 08 56′ 48″ W 69.83 feet to a point; thence S 15 41′ 11″ W 56.32 feet to a point; thence S 27 45′ 05″ W 72.08 feet to a point; thence S 25 16′ 57″ W 60.53 feet to a point; thence S 12 19′ 53″ W 78.67 feet to a point; thence S 10 26′ W57.74 feet to a point; thence S 10 18′ 24″ W 64.49 feet to a point; thence S 14 48′ 15″ W 63.23 feet to a point; thence S 02 41′ 13″ E 65.11 feet to a point; thence S 20 02′ 56″ E 86.67 feet to a point; thence S 18 09′ 37″ E 68.04 feet to a point; thence S 19 49′ 50″ E 81.85 feet to a point; thence S 59 33′ 38″ W 869.86 feet to the place of beginning, passing a 1/2″ capped iron rebar (set) at 15.74 feet, containing 16.858 acres, as shown on the aforementioned plat as Tract 3.
David Alfred owns an undivided 1/6 share in each parcel; Charmaine Slattery Feorene owns an undivided 2/6 share in each parcel; William M. Dailey, Jr. own an undivided 1/4 share in each parcel; and Stephen H. Dailey owns an undivided 1/4 share in each parcel.
Being the same real estate conveyed to David Alfred a one-sixth (1/6) undivided interest, Charmaine Slattery a one-sixth (1/6) undivided interest and to Jane Luana Furr a one-half (1/2) interest, by Deed dated April 12, 2004, from Suzanne Watson and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Deed Book 1066, at Page 302. Also being the same real estate conveyed to Charmaine Slattery another one-sixth (1/6) undivided interest, by Deed dated June 27, 2005, from David M. Whittaker, as Trustee of the Estate of Natalie Collins, debtor and of record in the aforesaid Clerk’s Office in Deed Book 1083, at page 723. Subsequently to the conveyances to Charmaine Slattery, she married and took the name of Charmaine Slattery Feorene. Accordingly, Charmaine Slattery and Charmaine Slattery Feorene are one and the same person. The said Jane Luana Furr having died January 6, 2023, leaving her one-half (1/2) undivided interest to her sons William M. Dailey, Jr. and Stephen H. Dailey, by her Last Will and Testament of record in the aforesaid Clerk’s Office in Will Book 193, at Page 840. Therefore, the William M. Dailey, Jr. inherited a one-fourth (1/4) undivided interest in the said real estate and Stephen H. Dailey inherited a one-fourth (1/4) undivided interest in the said real estate by the aforesaid Will of Jane Luana Furr. The aforesaid Will of Jane Luana Furr provides Carrie Allman as a life interest in the real estate where a 1997 mobile home is situated. By Order of the Wood County Circuit Court entered October 10, 2023, all three parcels of the subject real estate are vacant. Therefore, the said Carrie Allman has no life interest in any of the subject real estate.
The above-described real estate is listed in the land books of the Wood County Assessor in Parkersburg District, Wood County, West Virginia Tax Map 230, Parcels K, K3 and K2, respectively.
ALL PERSONS DESIRING TO BID SHALL REGISTER AND OBTAIN A BIDDER’S NUMBER PRIOR TO BIDDING. Registration will take place in-person at the stated auction location. Please arrive 30 minutes prior to the auction start time to register and obtain your bidder’s number. You will need a government issued I.D. with your current address.
Said real estate shall be offered for sale to the highest bidder, subject to confirmation by Order of Circuit Court of Wood County, West Virginia in the above-styled proceeding. Terms of sale shall be 10% of the purchase price in cash, certified or bank check the day of sale to be paid to the Special Commissioner, which ten percent (10%) deposit shall be NONREFUNDABLE unless the Circuit Court fails to approve the sale or unless the sale fails to close due to the fault of the seller; the remaining purchase price to be paid within (30) days to the Special Commissioner. The Special Commissioner is authorized to require that any prospective buyers demonstrate at the time of sale their ability to complete said sale by letter of credit or similar document(s), which shall be presented to the Special Commissioner on the date of sale and held in confidence by him until the closing on the sale.
The above-described real estate will be conveyed by Special Commissioner’s deed with no covenants of warranty and subject to any and all easements, rights-of-way, conditions, covenants, restrictions, exceptions, reservations, leases, real estate taxes and other encumbrances which may be a matter of record in the Office of the Clerk of the County Commission of Wood County, West Virginia or visible upon the ground.
In the event a federal tax lien is filed encumbering the property described above, any sale of said property is subject to the right of redemption pursuant to 28 U.S.C. ยง 2410, or any other applicable law.
Any questions should be directed to the undersigned Special Commissioner.
/s/ Richard D. Smith, Jr.
Richard D. Smith, Jr.,
Special Commissioner
(WVSB #11107)
P.O. Box 2034
Parkersburg, WV 26102-2034
[email protected]
(304)865-0801
CLERK’S CERTIFICATION
In accordance with the provisions of West Virginia Code 55-12-3 the Clerk of the Circuit of Wood County, West Virginia, hereby certifies that the Special Commissioner has given bond and security as required by law.
/s/Celeste Ridgway, by A. Daugherty, Deputy
Celeste Ridgway, Circuit Clerk of Wood County,
West Virginia
Feb 16, 23
March 1