IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA
LEONA MAE FLANAGAN CHAPMAN,
CATHY D. FLANAGAN, CONNIE SUE ELMORE,
MARY L. ESPOSITO, CAROLYN A. FLANAGAN,
LESTER RAY FLANAGAN (by Louise Esposito,
his committee), and TINA BARTLEY
(f/k/a Tina L. McCumbers),ROGER ANDERSON;
Petitioners,
vs. CASE No. 19-C-111
Judge Wilmoth
LUCILLE M. SPENCER, KATHY GIBSON
FLANAGAN, PAULA FLANAGAN,
VINCENT PAUL GIBSON, CHRISTOPHER SCOTT
GIBSON, MICHAEL PAUL FLANAGAN,
MIKE ROSS, INC., a West Virginia Corporation,
MARION S. SKIDMORE, and REBECCA MAE SHAFFER;
Respondents.
NOTICE OF SALE
Pursuant to the authority vested in the undersigned Co-Commissioners of Sale by that certain Order and Degree of Sale dated September 4, 2020, and entered on September 8, 2020 in the Circuit Court of Randolph County, in the above captioned Civil Action No.: 19-C-111; notice is hereby given that, the undersigned special co-commissioners will, at the front door of the Randolph County Courthouse, in Elkins, West Virginia, on Tuesday August 24, 2021 commencing at 10:00 a.m. proceed to sell at public auction to the highest responsible bidder, all those certain tracts and parcels of real estate lying in Roaring Creek District of Randolph County West Virginia, described as follows:
FIRST TRACT: tract containing Twenty and 136/160 Acres.
SECOND TRACT: A tract of land containing One (1) Acre; and said Two (2)tracts of land being a part of the same real estate locally known as the “Hamilton-Markley Homeplace”
THIRD TRACT: BEGINNING at a stake in the County Road and running in a Northerly Direction with said road to a stake, a corner of the Kizziro Harvey Tract, now owned by Bessie Arbogast; thence, N. 85 45 E. 14.9 poles to a stone below a spring, a corner of said tract; thence, N. 10 15
W. 14 poles to a stone, another corner of said tract; thence, N. 69 45 E. 33.2 poles to a stone and Beech; thence, S. 15 30 E. 17.49 poles to a Beech; thence, S. 55 30 w. 80 poles to a stake; thence, N. 41 45 W. 3 poles to the Beginning Corner, and containing Seven (7) Acres and 151 square poles.
And Being the same real estate conveyed to Clarence Lee Flanagan from H.D. & Thelma Elmore by Deed dated September 24, 1965 and of record in the Office of the Clerk of the Randolph County Commission in Deed Book 239 at page 519. Delineated on Roaring Creek Dist. Tax Map 106, as Parcels 19 & 38. Clarence Lee Flanagan having died intestate on April 11, 1972, giving rise to the creation of multiple undivided interests as set out in the Petition in this matter.
This sale will be by boundary and not by the acre without warranty as to the quantity of acreage contained. The sale shall be without warranty of title and subject to all reservations, exceptions, covenants, servitudes, easements, restrictions, limitations, conditions, mineral rights, rights of way, and other matters, if any, made, reserved, retained or otherwise created by deed or other instruments in the chain of title of the real estate conveyed, or which would be disclosed by survey or visual inspection of the property, as well as any necessary rights of way for ingress or egress or regress for water, sewer and other utility services. Sale shall be subject to any and all liens and encumbrances affecting the said real estate and to all unpaid or any accrued taxes or assessments against the real estate.
Any sale hereunder may be postponed or continued from time to time or otherwise adjoined without any notice other than an oral announcement at the time and place appointed for the sale or by posting notice on the front door of the Randolph County Courthouse.
The undersigned Co-commissioners reserve the right to reject any and all bids at sale.
TERMS OF SALE: Ten percent (10%) non refundable deposit on the day of sale payable to Mr. John J. Wallace as special Co-Commissioner, with the balance due in immediately available funds at closing. Subject to Court approval closing is to be within 60 days of sale at such time as the parties may agree.
This sale and time of closing is nonetheless subject to the approval and confirmation of the Circuit Court of Randolph County, West Virginia, the ruling of which shall be rendered at the pleasure of the Court after a report of sale by the Co-Commissioners.
/s/ John J. Wallace, IV /s/ Earl W. Maxwell
Mr. John J. Wallace IV, Earl W. Maxwell, Esquire
Esquire Attorney at Law
Attorney at Law Special Co-Commissioner
Special Co-Commissioner WV State Bar ID # 5735
WV State Bar ID #9730 P.O. Box 100
P.O. Box 7 Dailey, WV 26259
Elkins, WV 26241
7-12, 7-19