Public Notice

IN THE CIRCUIT COURT
OF RANDOLPH COUNTY,
WEST VIRGINIA
RUSSELL BIGGINS, .Jr.
DAVID HIGGINS
Petitioners.
vs. Case No. 25-C-133
BROOKS DALE
HIGGINS ESTATE
(Rebecca A. 1 human and Nathan Matthew Higgins,
heirs upon information)
MARY G. HIGGINS
EMILY SHOBE heir of Preston Lavcrnc Higgins
Respondents.
ORDER OF PUBLICATION
The object of the above-entitled action is to request this Court to find that the partition of the subject real estate cannot be conveniently made and the Court issue and Order for the sale of the subject property.
The subject property is two tracts of real estate containing 25.29 acres, more or less, and 6.00 acres, more or less, situate in Beverly District, Randolph County. West Virginia.
That the subject real estate was originally conveyed unto Cecilia Higgins by Russell Higgins by deed dated May 3, 1965 and of record in Deed Book 237, at page 321. The said Cecilia Higgins. a resident of Randolph County, West Virginia, died testate on August 2. 2005 and being possessed of the subject property at the time of her death, said property was devised unto her children, namely. Russell Higgins, Jr., Brooks Higgins, David Higgins, Mary Gale Higgins and Preston Higgins, by the Last Will and Testament of Cecilia Higgins of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia in Will Book 44. at page 30.
That one of the Respondents, the Estate of Brooks Dale Higgins is an owner of an undivided one-fifth (l/5) interestin and to all those certain tracts and or parcels of real estate containing 6.00 acres, more or less, and 25.29 acres, more or less, situate in Beverly District, Randolph County, West Virginia. That Brooks Dale Higgins.was a resident of Randolph County, West Virginia having died intestate on February 7,2021. The Estate of Brooks Dale Higgins has not been administered in the Office of the Clerk of the County Commission of Randolph County, West Virginia, therefore, the heirs or beneficiaries of Brooks Dale Higgins is unknown at the present time.
And it appearing by an affidavit filed in this action that counsel for the Petitioners has used due diligence, but has been unable to locate and determine the lawful heirs of Brooks Dale Higgins.
It is ORDERED that any or all heirs of Brooks Dale Higgins serve upon R. Mike Mullens, the Petitioners attorney, whose address is 324 Randolph Avenue, Elkins, West Virginia, 26241, an answer or other defense to the Petition filed in this action within 30 days from the date of this publication to protect any interest they may have.
A copy of said Complaint can be obtained from the undersigned Clerk at his office.
ENTERED this 8th day of October, 2025 PHILIP D. RIGGLEMAN
CIRCUIT CLERK
ELK-Oct 23 & 30, 2025