IN THE CIRCUIT COURT OF WETZEL COUNTY,
WEST VIRGINIA
VENABLE ROYALTY, LTD.,
a Texas limited partnership, and
V14, LP,
a Texas limited partnership,
Petitioners/Plaintiffs,
v. Civil Action No.: 21-C-19
Judge Hummel
ET BLUE GRASS, LLC,
a Delaware limited liability company;
EQT PRODUCTION COMPANY,
a Pennsylvania corporation;
The Tracy Living Trust,
dated April 14, 1986, Amended and
Restated April 3, 2001,
Joann Ruth Tracy Thomas, Successor Trustee;
EVA ANNE (MAVETY) ANTHONY,
an individual;
SUSANNE MAVETY,
an individual, and her heirs, successors,
administrators, or assigns;
WILLIAM D. MCGARY, AMOS D. MCGARY,
JEAN M. (MCGARY) BAUMAN, ESTHER L.
(MCGARY) SNODGRASS, PAUL T SNODGRASS,
ESTHER A. WILES, LEAH M.GRIMM, WILLIAM
WILSON SNODGRASS, CARL STANTON
SNODGRASS, and DALE DAVID SNODGRASS,
each a deceased person, and any and all
UNKNOWN HEIRS, SUCCESSORS,
administrators AND/OR ASSIGns THEREOF;
BRUCE K. BAUMAN,
an individual and heir of William D. McGary, Amos D.
McGary and Jean M. Bauman, and his heirs,
successors, administrators, or assigns;
THE UNKNOWN HEIRS, SUCCESSORS,
ADMINISTRATORS AND/OR ASSIGNS OF
PAUL T. SNODGRASS,
a deceased individual and
heir of William D. McGary and Esther L. Snodgrass;
LINDA W. NUCKOLLS and LARRY W. WILES,
individuals and heirs of William D. McGary, Esther L.
Snodgrass and Esther A. (Snodgrass) Wiles, and their
respective heirs, successors, administrators, or assigns;
GAIL A. GRIMM, MAUREEN PLUMSTEAD and
DONNA JEAN HANSEN,
individuals and heirs of William D. McGary, Esther L.
Snodgrass and Leah May (Snodgrass) Grimm, and their
respective heirs, successors, administrators, or assigns;
JULIE MCAFEE and ERIN ELIZABETH WHALEN,
individuals and heirs of William D. McGary, Esther L.
Snodgrass and William Wilson Snodgrass, and their
respective heirs, successors, administrators, or assigns;
REBECCA FREEMAN SNODGRASS,
STEVEN SNODGRASS, NANCY BARKER,
and VICKI STARR,
individuals and heirs of William D. McGary, Esther L.
Snodgrass and Carl Stanton Snodgrass, and their
respective heirs, successors, administrators, or assigns;
SHERRY D. COMPHER and
BONNIE TRESSLER HAYTON,
individuals and heirs of William D. McGary, Esther L.
Snodgrass and Dale David Snodgrass, and their
respective heirs, successors, administrators, or
assigns; and
ANY AND ALL OF THE UNKNOWN SUCCESSORS,
HEIRS, AND/OR ASSIGNS OF EACH OF THE
ABOVE NAMED PERSONS, together with
ANY AND ALL PERSONS OR GOVERNMENTAL
AGENCIES CLAIMING OWNERSHIP, TITLE OR
OTHER INTEREST IN AND TO THE OIL AND GAS
WITHIN AND UNDERLYING CERTAIN TRACTS OF
LAND SITUATED IN MAGNOLIA TAX DISTRICT,
WETZEL COUNTY, WEST VIRGINIA, THE SURFACE
OF WHICH IS DESCRIBED AS TAX PARCEL NOS.
08-014-005-000 (79.81 ACRES); 08-014-005-001
(1.00 ACRE); and 08-014-005-002 (100.19 ACRES),
Respondents/Defendants, and
APPALACHIAN MINERAL PARTNERS,
a limited liability company,
Nominal Respondent/Nominal Defendant.
ORDER OF PUBLICATION
TO: The Unknown Heirs, Successors, Administrators,
and/or Assigns WILLIAM D. MCGARY, AMOS D.
MCGARY, JEAN M. (MCGARY) BAUMAN, ESTHER
L. (MCGARY) SNODGRASS, PAUL T SNODGRASS,
ESTHER A. WILES, LEAH M.GRIMM, WILLIAM
WILSON SNODGRASS, CARL STANTON
SNODGRASS, and DALE DAVID SNODGRASS, and
DOUGLAS SNODGRASS
STEVEN SNODGRASS and NANCY BARKER;
SUSANNE MAVETY; and
ANY AND ALL PERSONS OR GOVERNMENTAL
AGENCIES CLAIMING OWNERSHIP, TITLE OR
OTHER INTEREST IN AND TO THE OIL AND GAS
WITHIN AND UNDERLYING CERTAIN TRACTS OF
LAND SITUATED IN MAGNOLIA TAX DISTRICT,
WETZEL COUNTY, WEST VIRGINIA, THE SURFACE
OF WHICH IS DESCRIBED AS TAX MAP PARCEL
NOS.. 08-014-005-000 (79.81 ACRES);
08-014-005-001 (1.00 ACRE); and 08-014-005-002
(100.19 ACRES).
There is now pending in the Circuit Court of Wetzel
County, West Virginia, the above-styled Civil Action in
which Venable Royalty, Ltd. (“Venable Royalty”), a
Texas limited liability partnership authorized to do
busIness in West Virginia and V14, LLP (“V14”),
a Texas limited liability partnership, are Plaintiffs, and
the heirs, successors, administrators and/or and assigns
of the following individuals are Defendants to be served
by publication:
WILLIAM D. MCGARY, AMOS D. MCGARY, JEAN M.
(MCGARY) BAUMAN, ESTHER L. (MCGARY)
SNODGRASS, PAUL T SNODGRASS,
ESTHER A. WILES, LEAH M.GRIMM, WILLIAM
WILSON SNODGRASS, CARL STANTON
SNODGRASS, DALE DAVID SNODGRASS, and
DOUGLAS SNODGRASS (hereinafter collectively
referred to as the “McGary Heirs”);
STEVEN SNODGRASS and NANCY BARKER
(“Snodgrass-Barker”);
SUSANNE MAVETY (“Mavety”); and
ANY AND ALL PERSONS OR GOVERNMENTAL
AGENCIES CLAIMING OWNERSHIP, TITLE OR
OTHER INTEREST IN AND TO THE OIL AND GAS
WITHIN AND UNDERLYING CERTAIN TRACTS OF
LAND SITUATED IN MAGNOLIA TAX DISTRICT,
WETZEL COUNTY, WEST VIRGINIA, THE SURFACE
OF WHICH IS DESCRIBED AS TAX MAP PARCEL
NOS. 08-014-005-000 (79.81 ACRES); 08-014-005-
01 (1.00 ACRE); and 08-014-005-002 (100.19 ACRES)
(hereinafter collectively referred to as the “Other Parties
of Interest”).
The object of said Civil Action is to obtain an Order from
the Court quieting title to the oil and gas within and
underlying certain tracts of land containing, in the
aggregate, 181.00 acres, more or less (the “Subject
Tract”), located in Magnolia District, Wetzel County,
West Virginia, and identified for informational purposes
as Tax Map 14, Parcels 5.0, 5.1 and 5.2 within and
underlying the Subject Tract, as defined herein.
The Subject Tract consists of the oil and gas underlying
a certain 181 acre tract of land situate in Magnolia
District, Wetzel County, West Virginia, and identified for
informational purposes as Tax Map 14, Parcels 5.0, 5.1
and 5.2, as more particularly described as follows:
BEGINNING at a white oak, corner to Steel and Cook;
thence N. 51 24′ E. 47 poles to a stake in the run,
thence N. 33 W. 1 1/4 poles to a stake, corner to
James Huff, and with three of Huff’s lines N. 22 E. 60
poles to a stake, originally a poplar, thence N. 78 E. 19
roles to a poplar, thence S. 63 1/4 E. 24 1/2 poles to a
stake in the run, in Cook’s line and with the same, N.
51 and 24′ E. 47 3/4 poles to a stone, on the bank of a
run, formerly a sycamore, thence N. 6* E. 34 poles to
two elms, thence N. 18 W. 61 poles to a stone, thence
N. 6 E. 21 poles to a stake in Bowerbank’s line and
with the same W. 40 poles to a white walnut, thence S.
338 1/2 W. 74 poles to a stake, formerly a gum, thence
N. 87 W. 127 poles to a beech, thence S. 6 E. 3 poles
to a beech, thence down Pine Run S. 9 W. 22 poles
and 5 links to a stone, thence S. 30-3/4 W. 14 poles to
a stone, sugar pointer, thence S. 18 1/2 W. 10 poles
and 17 links to a lynn, thence S. 5 E. 9 poles and 9
links to a beech, thence S. 21 E. 13 poles and 5 links
to a beech, thence S. 42 E. 7 poles and 9 links to a
stone, beech and white walnut pointers, thence S. 16
W. 7 poles and 21 links to a stone, beech and red-oak
pointers, thence S. 29-3/44 E. 15 poles and 15 links to
a buckeye, thence S. 13-1/4 E. 55-1/5 poles to an elm
in the original Steel line, thence with said line N. 65 E.
44 poles and 18 links to a beech, thence S. 42 1/2 E.
50 poles to the place of beginning, containing Two
Hundred One Acres, more or less as described in the
deed from J. W. Riggenbach and Carrie E. Riggenbach,
his wife, to A. E. Riggenbach and Etta Riggenbach,
dated October 26, 1918, recorded July 29, 1925, of
record in Deed Book 141, page 452.
Excepting from the foregoing a certain tract of land
situate on the waters of Long Run, and being bounded
and described as follows, to-wit:
Beginning at a stake in Kocher’s line, running N. 84 1/4
W. 40 poles to a White Walnut stump, thence S. 16-3/4
E. 49 poles to a stone, thence S. 30 E. 12 poles to a
stone, thence S. 12 E. 73 poles to in Shepherd’s line,
thence N. 51 1/2 E. 19-4/5 poles to a stake, Thence N.
11-3/4 E. 34 poles to a stone, thence N. 18 E. 61
poles to a stake, thence N. 6 E. 21 poles to the place of
beginning, containing Twenty (20) acres, more or
less.
Being the same tract or parcel of land conveyed to Wm.
G. Shepherd by J. W. Riggenbach and wife and A. E.
Riggenbach and wife, by deed dated the 23rd day of
March, 1909, and of record in the office of the Clerk of
the County Court of Wetzel County, West Virginia, in
Deed Book No. 105 at page 442.
Venable Royalty and V14 have made diligent efforts to
identify or locate the heirs, devisees, and assigns of the
McGary Heirs, Snodgrass-Barker, Mavety, and the
Other Interested Parties, which efforts include, but are
not limited to:
a. acquiring a professional title examination
conducted by an attorney licensed to practice law
in the State of West Virginia who is experienced
with title examinations of oil and gas properties,
which said examination included a review of
all available and relevant public records located
in the offices of the Clerk of the County
Commission of Wetzel County, the Assessor
of Wetzel County, West Virginia, the Clerk of the
Circuit Court of Wetzel County, West Virginia, and
the Tax Office of the Sheriff of Wetzel County,
West Virginia;
b. identifying and locating unknown and/or
missing mineral owners and conducting research
including genealogy research; obtaining relevant
public records located inside and outside of
Wetzel County, West Virginia, including
surrounding West Virginia counties and counties
in other States; and to research current contact
information through internet research and
otherwise for the McGary Heirs,
Snodgrass-Barker, Mavety, and the Other
Interested Parties; and
c. making inquiry as to the identity and
whereabouts of the McGary Heirs,
Snodgrass-Barker, Mavety, and the Other
Interested Parties.
It is therefore ORDERED that THE HEIRS,
SUCCESSORS, ADMINISTRATORS, OR ASSIGNS
OF THE MCGARY HEIRS, STEVEN SNODGRASS,
NANCY BARKER, SUSANNE MAVETY, AND THE
OTHER INTERESTED PARTIES, as individually named
above, appear and serve upon Charles R. Hughes,
Esq., Bowles Rice LLP, counsel for Venable Royalty
and V14, whose address is 600 Quarrier Street, Post
Office Box 1386, Charleston, West Virginia
25325-1386, a response or other defense to the
Complaint heretofore filed in this action within 30 days
after the date of the third publication of this notice.
Otherwise, the Court may render judgment of default
against each of THE HEIRS, SUCCESSORS,
ADMINISTRATORS, OR ASSIGNS OF THE MCGARY
HEIRS, STEVEN SNODGRASS, NANCY BARKER,
SUSANNE MAVETY, AND THE OTHER INTERESTED
PARTIES, as named above, at any time thereafter,
thereby granting the relief requested by Venable Royalty
and V14 in the Complaint.
A copy of said Complaint can be obtained from the
Office of the Clerk of the Circuit Court of Wetzel County,
West Virginia, 200 Main Street, New Martinsville, West
Virginia 26155.
ENTERED by the Clerk of this Court on the 13th day of
July, 2021.
Lori J. McCoy CLERK OF THE CIRCUIT COURT OF WETZEL
COUNTY, WEST VIRGINIA
Prepared and Submitted by:
Charles R. Hughes (WVSB # 9167)
Bowles Rice LLP
600 Quarrier Street
Post Office Box 1386
Charleston, West Virginia 25325-1386
Phone (304) 347-1160
[email protected]
Bowles Rice LLP
WC 7/21 7/28 8/4 14957