ADMINISTRATION TO CREDITORS,
DISTRIBUTEES & LEGATEES
Notice is hereby given that the following estate(s) have been opened for probate in the Pocahontas County Clerk’s Office at P. O. Box 209, 900 Tenth Avenue, Suite C, Marlinton, WV 24954-0209. Any person seeking to impeach or establish a will must make a complaint in accordance with the provisions of West Virginia Code 41-5-11 through 13. Any interested person objecting to the qualifications of the personal representative or the venue or jurisdiction of the court, shall file written notice of an objection with the County Commission within 60 days after the date of the first publication or within 30 days of the service of the notice, whichever is later.
If an objection is not filed timely, the objection is forever barred. Any claims against an estate must be filed within 60 days of the first publication of this notice in accordance with West Virginia Code 44-2 and 44-3A.
Settlement of the estate(s) of the following named decedent(s) will proceed without reference to a fiduciary commissioner unless within 60 days from the first publication of this notice a reference is requested by a party of interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissione.
First Publication Date: Thursday, November 21, 2024
Claim Deadline: Monday, January 20, 2025
ESTATE NUMBER: 14663
ESTATE OF: KENNETH W. CUTLIP
ADMINISTRATRIX: Tabitha Ann Stump
3922 Amma Road
Amma, WV 25005-9504
ESTATE NUMBER: 14680
ESTATE OF: BARBARA ANN SHAW
EXECUTOR: Ernest Shaw, Jr.
1197 Thomastown Road
Marlinton, WV 24954-1453
ESTATE NUMBER: 14704
ESTATE OF: STEWARD JUNIOR GALFORD
EXECUTOR: Roy L. Galford
1311 Victorian Way
Eugene, OR 97401-7020
ESTATE NUMBER: 14706
ESTATE OF: PHYLLIS ARLENE FRIEL
ADMINISTRATOR: Richard Friel, Sr.
43 2nd Street
Bartow, WV 24920-8034
Subscribed and sworn to before me on November 15, 2024.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
11/21/2c
NOTICE OF TRUSTEE’S SALE
OF VALUABLE REAL ESTATE
Notice is hereby given that the undersigned, MICHAEL C. DOSS, Trustee, by virtue of that certain Deed of Trust executed by Tena L. Bennett and bearing date the 24th day of June, 2002, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 201, at page 534, the maker, having defaulted in payment of the note secured by said Deed of Trust as provided by the terms thereof, and the beneficial holder of the said note, Pendleton County Bank now known as Pendleton Community Bank, Inc., having declared the whole of the indebtedness there under to be due and payable; and having demanded the undersigned in writing to make sale of the real estate described in said Deed of Trust, the undersigned Trustee will offer for sale and sell at public auction to the highest responsible bidder on the 16th day of December, 2024, at 11:00 a.m., at the front steps of the Pocahontas County Courthouse in the Town of Marlinton, Pocahontas County, West Virginia, the premises, being and consisting of the following:
All of those two certain tracts or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Edray District of Pocahontas County, West Virginia, and on the west side of Secondary Route 219/3, and being Lot 12 and a part of a right of way of the Neal Kellison Subdivision (Map Book 1, Page 72) and being more particularly described as follows:
TRACT NO. 1
Beginning at a 1/2 inch iron rebar set on the northwest right of way line of a 40 foot wide access road, and on the common corner of James E. Cutlip of Tract No. 1 of (Deed Book 217, at page 433), and Larry Price (Deed Book 189, at page 47); thence leaving the property of Larry Price, and with the northwest right of way of said 40 foot wide access road, S 71-51-00 W 291.60 feet to a 3/4 inch iron pipe found on the north right of way line of aforesaid 40 foot wide access road; thence crossing the branch and with the northeast right of way line of said access road, N 47-27-00 W 43.55 feet to a point on a concrete drive, and on the northeast right of way line of aforesaid access road, and being the southeast corner of Tract No.2 of James E. Cutlip (Deed Book 217, at page 433); thence with a line crossing to the opposite side of, and end of said access road, and running along the south edge of said Tract No. 2, N 66-24-33 W 57.28 feet to a 3/4 inch iron pipe found on the west edge of, and the end of said access road, and on the northwest corner of Tract No. 2 of James E. Cutlip (Deed Book 217, at page 433), and on the corner of Karen S. Lane (Deed Book 183, at page 272); thence leaving said access road, and leaving Tract No. 2, and with the line of Tract No. 1 of James E. Cutlip, and with the line of Karen S. Lane, N 47-28-00 W 179.72 feet to a 1/2 inch rebar set on the corner of Cutlip and Lane; thence with the line of Cutlip and Lane, S 70-00-00 W 794.39 feet to a 3/4 iron pipe found on the corner of Cutlip and Lane, and on the line of residue of Neal Kellison; thence leaving the property of Lane, and with the residue of Neal Kellison, and with the line of James E. Cutlip, N 20-40-21 E 986.07 feet to a 1/2 inch rebar set on the line of Ivan Burgess (Deed Book 246, at page 306), and on the corner of James E. Cutlip and Lawrence Price (Deed Book 189, at page 47); thence leaving the property of Ivan Burgess, and with the line of James E. Cutlip and Lawrence Price, S 26-35-50 E 385.53 feet to a 3/4 inch iron pipe found on the corner of James E. Cutlip and Lawrence Price; thence with the line of James E. Cutlip and Lawrence Price, S 34-37-11 E 134.09 feet to a 3/4 inch iron pipe found on the corner of James E. Cutlip and Lawrence Price; thence with the line of James E. Cutlip and in part with the line of Lawrence Price, and in part with the line of Larry Price (Deed Book 189, at page 47), S 67-04-26 E passing a 3/4 inch iron pipe found on line at 217.2 feet, and passing a 3/4 inch iron pipe found on line at 356.0 feet, in all a total of 546.84 feet to the beginning and containing 7.594 acres, more or less, as surveyed by Greenbrier Surveying in October, 1998, and as shown on a plat of survey of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 257, at page 293.
TRACT NO. 2
Beginning at a 3/4 inch pipe at the end of the right of way and corner to Lot 16 and running N 67-53 E 40 feet to a 3/4 inch pipe on the North East edge of the right of way, corner to Lot 12; thence with Lot 12 S 22-07 E 44 feet to a 3/4 inch pipe; thence crossing the proposed right of way N 64-24 W 59.5 feet to the place of beginning and containing 880 square feet, more or less.
And being the same tracts or parcels of real estate as acquired by Tena L. Beale by the provisions of a Deed of Conveyance from James E. Cutlip and Delores A. Cutlip, said Deed bearing date the 16th day of November, 1998, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 257, at page 290.
The above-described real estate shall be sold subject to any claims, liens, assessments, taxes, restrictions, covenants, conditions, and encumbrances against the same.
The Trustee shall convey title with covenants of Special Warranty. The purchaser shall pay all taxes due and payable against the said property and all taxes hereafter due and assessed against the said property.
TERMS OF SALE: Cash in hand on day of sale or prior approved credit.
CONDITION OF SALE: Said property shall be sold to the highest responsible bidder, with the right reserved to the said Pendleton Community Bank, Inc. to bid at said sale and to continue the said sale by declaration from time to time, as they may choose.
Given unto my hand this the 20th day of November, 2024.
Michael C. Doss, Trustee
11/28/3c
NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned Campbell Woods, PLLC, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Pocahontas County, West Virginia, and by Deed of Trust dated August 31, 2011, executed by Daniel N. Bails to BBT Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Pocahantas County, West Virginia, in Trust Deed Book 334 at Page 387, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust.
Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on December 13, 2024 at 2 p.m. to the highest bidder at the front door of the Courthouse of said County of Pocahontas, in Marlinton, West Virginia, which real estate is more completely described as follows:
All of those two certain tracts or parcels of real estate, together with all improvements thereon and all rights of way and appurtenances thereunto belonging, situate in the Little Levels District of Pocahontas County, West Virginia, and being more particularly described as follows:
PARCEL I
14.7 acres, more or less, situate in the Little Levels District of Pocahontas County, West Virginia, being designated as Tax Map No. 54 Parcel 3.4 in the 2000 Land Book of Pocahontas County, and being the same real estate which was conveyed to the Grantor in the following two deeds: (1) an undivided one-half interest in a general warranty deed from Craig Lee Carroll which is dated November 8,1995, and recorded in the Pocahontas County Clerk’s Office in Deed Book 237 at page 173: and (2) an undivided one-half interest in a general warranty deed from Johnnie B. Hill and Madaline E. Hill, husband and wife, which is dated November 16,1993, and recorded in the aforesaid Clerks Office in Deed Book 229 at page 296, to which deeds reference is hereby made for a surveyable description to this real estate.
PARCEL II
3.1 acres, more or less, situate in the Little Levels District of Pocahontas County, West Virginia, being designated as Tax Map No. 54 Parcel 3.1 in the 2000 Land Book of Pocahontas County, and being the same real estate which was conveyed to the Grantor from James Michael Amsler and Karen Ann Amsler, in a general warranty deed dated April 18, 1987, and recorded in the Clerks Office in Deed Book 237 at page 173. Reference is hereby made to Deed Book 144 at page 622 for a description to this real estate.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby-secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 15th day of November, 2024.
Campbell Woods, PLLC, Substitute Trustee
J. Patrick Jones, Member
304-529-8560
11/21/2c
NOTICE OF REDEMPTION
2023-C-000026-POCAHONTAS COUNTY-
ELEMENTAL RESOURCES
To: OCCUPANT, BARRY SCOTT MILLICAN, POCAHONTAS COUNTY P. S. D., RE: JUDGEMENT 17/66 (CASE #19-M38C-00329), POCAHONTAS COUNTY P. S. D., RE: JUDGMENT 17/227 (CASE # CC-38-2019-C-11), POCAHONTAS COUNTY P. S. D. , RE: JUDGMENT 17/646 (CASE #CC-38-2021-C-40), BANK OF MARLINTON NKA FIRST CITIZENS BANK & TRUST CO., RE: TRUST DEED 138/225 (AMELIA MILLICAN), DAVIS TRUST COMPANY, RE: TRUST DEED 191/425 (BARRY S. MILLICAN), B. SCOTT MILLICAN, BARRY SCOTT MILLICAN LISA ANN BROWN, LISA A. MILLICAN, DAVIS TRUST COMPANY, BANK OF MARLINTON, FIRST CITIZENS TRUST COMPANY, POCAHONTAS COUNTY PUBLIC SERVICE DISTRICT, or heirs at law, devisees, creditors, representatives, successors, assigns, all known heirs, guardians, conservators, fiduciaries, administrators, lienholders, co-owners, other parties having an undivided interest in the delinquent property, and other parties that may have any interest in the subject property.
DISTRICT: EDRAY MAP: 23 PARCEL 0015 0001 0000
You will take notice that ELEMENTAL RESOURCES, the purchaser of the following real estate, Cert. No. 2023-C-000026, located in EDRAY District, LT 2 BIG SPRINGS FORK 1.93 AC FEE, which was returned delinquent or non-entered in the name of Millican Barry Scott and was sold was by the Deputy Commission of DELINQUENT AND NON-ENTERED LANDS OF POCAHONTAS COUNTY at the sale for delinquent taxes on July 3, 2024.
ELEMENTAL RESOURCES requests that you be notified a deed for such real estate will be made on or after May 1, 2025, as provided by law, unless before that day you redeem such real estate. The amount needed to redeem on or before April 30, 2025 will be as follows:
Amount equal to the taxes and charges due on the date of the certification, with interest, for tax year ticket number 2022-3675. $ 447.48
Back tax tickets, with interest, and charges due on the date of cetification for ticket number. $ 0.00
Subsequent of taxes paid on the property, with interest for tax year 2023-3703. $ 325.67
Additional taxes with interest. $ 0.00
Auditor’s Certification, Publication, and Redemption fee plus interest. $ 210.95
Amount paid for Title Examination, notice to redeem, publication, personal service, Secretary of State, with interest. $ 857.70
Additional Statutory Fees with Interest. $ 0.00
Total Amount Due and Payable to WV State Auditor – cashier check, money order, certified or personal check. $ 1,841.80
You may redeem at any time before April 30, 2025 by paying the above total less any unearned interest.
Please return this letter and payment to the
West Virginia State Auditor’s Office
County Collections Division
1900 Kanawha Boulevard East
Building 1 Room W-114
Charleston, West Virginia 25305
Question, please call 1-888-509-6568
Given under my hand January 29, 2024
G. Russell Rollyson, Jr.
Deputy Commissioner
Delinquent and Non-entered Lands of
Pocahontas County, State of West Virginia
11/21/3c
NOTICE OF SALE
Notice is hereby given that to satisfy a Writ of Execution, the Sheriff of Pocahontas County, Jeff Barlow, will, on Tuesday, December 3, 2024, at 12:00 p.m. offer for sale at the Pocahontas County Courthouse at 900 10th Avenue, Marlinton, WV the following item:
One (1) 2015 Aluminum Trailer
VIN# 1YGAT0813FB123721
Said items will be sold without warranty or guarantee of any kind to the highest responsible bidder at said sale for cash in hand on the day of sale or prior approved credit.
The Sheriff reserves the right to reject any and all bids or to continue the said sale from time to time as he may choose.
Said items may be inspected prior to the sale by contacting Sheriff Jeff Barlow at the Sheriff’s Department during the hours of 9:00 a.m. and 4:30 p.m. (304) 799-4445.
11/21/2c