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, February 29, 2024
Claim Deadline: Monday, April 29, 2024
ESSTATE NUMBER: 14601
ESTATE OF: SHERRI KAYE AUXIER
EXECUTOR: Rick Auxier
1708 Jerico Road
Marlinton, WV 24954-6826
ESTATE NUMBER: 14602
ESTATE OF: LINDA L. ROSE
CO-EXECUTOR: Gary T. Rose
461 Country Meadows Drive
Hillsboro, WV 24946-8829
CO-EXECUTRIX: Leigh Ann Hoffman
23586 Seneca Trail
Huttonsville, WV 26273-1234
ESTATE NUMBER: 14603
ESTATE OF: WARREN SCOTT HAYES
EXECUTRIX: Lindsey Hayes
171 Arrowhead Lane
Durbin, WV 26264-9004
ESTATE NUMBER: 14604
ESTATE OF: HILDA JANE ELKINS
ADMINISTRATOR: Arnold Eugene Elkins
25 Moore’s Trailer Park
Marlinton, WV 24954
Subscribed and sworn to before me on February 23, 2024.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
2/29/2c
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 Robert J. Nelson and John C. Nelson, for the benefit of Citizens Bank of West Virginia, Inc., said Deed of Trust bearing date the 19th day of December, 2016, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 368, at page 212, the makers, 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, Citizens Bank of West Virginia, Inc., having declared the whole of the indebtedness thereunder 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 Substitute Trustee will offer for sale and sell at public auction to the highest responsible bidder on the 22nd day of March, 2024, at 3:00 p.m., at the front steps of the Pocahontas County Courthouse in the City of Marlinton, Pocahontas County, West Virginia, the premises, being and consisting of the following:
All of those certain tracts or parcels of real estate, including the improvements, appurtenances and easements thereunto belonging, situate in the Green Bank District, Pocahontas County, West Virginia, and being more particularly described as follows, to wit:
PARCEL I
All of that certain tract or parcel of land in the Green Bank District, Pocahontas County, West Virginia, lying mostly north of Secondary Route 250/8 about 3 miles from Bartow/Frank, more particularly described as follows:
Beginning at a found 3-inch metal disc in a pipe, United States Government corner #146 of Tract 39, on the south bank of a stream about 4 feet from the bank in a mound of stones, from which a 16-inch Birch bears S 75 W at 34.1 feet and an 8 inch & 18-inch double Red Maple bears S 6 E at 51.8 feet, in a line with Phyliss Self; Thence N 33-04 W crossing the stream, at 62 feet crossing Secondary Route 250/8, in all 557.6 feet to a 5/8-inch iron rebar in a stone pile at the base of a fallen gate post on the east side of an old road, from which a 30-inch Red Maple bears N 55 E at 4.0 feet, corner to Self and David Butler; Thence S 54-49 W with Butler, at about 46 feet crossing an access road, in all 167.2 feet to a 17-inch called for Beech in old fence; Thence S 27-39 W with Butler and a fence 217.4 feet to a double 14-inch & 16-inch Red Maple; Thence N 10-41 W with Butler 344.4 feet to a 36-inch Sugar Maple, corner to Butler and Judson Malone; Thence S 21-12 W with fence and Malone 321.4 feet to a 5/8-inch iron rebar in a stone pile by a fence post; Thence S 56-42 W with a fence for about 280 feet and with Malone in all 421.4 feet to a 10-inch Red Maple in a line with Malone; Thence S 27-29 W down a steep hill 435.9 feet crossing Secondary Route 250/8 and a stream to a 5/8-inch iron rebar in a stone pile in a wet area, from which a 9-inch Hemlock bears N 80 W at 16.3 feet and a 3-inch Yellow Birch bears N 50 E at 5.2 feet, in a line with USA Tract 39; Thence N 78-22 E with the USA 433.3 feet to a 3-inch disc in a pipe, from which a 12-inch double Hemlock bears S 87-30 E at 21.8 feet; Thence N 43-47 E with the USA 390.1 feet to a point on the southeast ridge of Secondary Route 250/8 on the northwest side of a stream, from which a marked witness tree bears S 4 E at 36.4 feet and another bears S 64 E at 31.6 feet; Thence N 79-53 E with the USA 181.5 feet to the point of beginning, containing 11.5 acres, as surveyed by John L. Wayne, Jr., Professional Surveyor, License No. 859 of Arbovale, West Virginia 24915, as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Plat Book 10, at page 84.
PARCEL II
All of that certain tract or parcel of land in the Green Bank District, Pocahontas County, West Virginia, lying about 450 feet north of Secondary Route 250/8 and about 3 miles from Bartow/Frank, more particularly described as follows:
Beginning at a found 5/8-inch iron rebar in a stone pile at the base of a fallen gate post on the east side of an old road, from which a 30-inch Red Maple bears N 55 E at 4.0 feet, a corner to Phyllis Self and an 11.5 acre tract owned by Watkins; Thence S 54-49 W at about 46 feet crossing an access road, in all 167.2 feet to a found 17-inch Beech snag in an old fence; Thence S 54-49 W with a fence 217.4 feet to a found double 14-inch and 16-inch Red Maple; Thence N 10-41 W 344.4 feet to a found 36-inch Sugar Maple, a corner to Watkins 11.5 acre tract and a corner to Suzanne Malone; Thence N 11-08 W with Malone 271.0 feet to a found 5/8-inch iron rebar in a stone pile on the northwest side of a road at an old gate post, from which an 18-inch White Pine bears N 41 E at 10.5 feet and a 6-inch Ash bears N 70 W at 12.8 feet; Thence N 39-51 E with an old fence 291.1 feet to a found 5/8-inch iron rebar in a stone pile on the southwest edge of a small drain, from which a 13 inch Virginia Pine bears S 89 W at 11.2 feet and a 7-inch Maple bears S 19 E at 22.1 feet, corner to Phyllis Self; Thence S 39-09 E 178.8 feet to a 32-inch Sugar Maple in the corner of a fence north of a drain; Thence S 7-44 E down the drain and running near a fence 403.9 feet to the point of beginning, containing 3.8 acres, as surveyed by John L. Wayne, Jr., Professional Surveyor, License No. 859 of Arbovale, West Virginia 24915, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Plat Book 15, at page 50.
PARCEL III
All of those minerals underlying a tract or parcel of real estate containing 3.7 acres, more or less, as acquired by the Grantors by the provisions of a Deed of Conveyance from Peggy J. Winnings Watkins and Richard T. Watkins, her husband, said Deed bearing date the 5th day of June, 1998, and of record in the aforesaid Clerks Office in Deed Book 254, at page 206.
And being the same lots, tracts or parcels of real estate as acquired by Robert J. Nelson and John C. Nelson, by the provisions of a Deed of Conveyance from Kenneth R. Watkins and Paula B Watkins, husband and wife, said Deed bearing date the 9th day of December, 2016, of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 362, at page 338.
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, the cost of the preparation of the Deed of Conveyance from the Substitute Trustee, the cost of any transfer tax and recording fees due upon the recordation of the deed.
TERMS OF SALE: 10% of bid payable to the Trustee on the day of sale and the balance within thirty (30) days.
CONDITION OF SALE: Said property shall be sold to the highest responsible bidder, with the right reserved to the said Citizens Bank of West Virginia, 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 February, 2024.
Michael C. Doss, Trustee
2/29/3c
NOTICE OF REDEMPTION
2022-C-000042-POCAHONTAS COUNTY-DAVID J. CAIN
To: JONATHAN RHODES, 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: GREEN BANK MAP: 28A PARCEL 0006 0000 0000
You will take notice that DAVID J. CAIN, the purchaser of the following real estate, Cert. No. 2022-C-000042, located in GREEN BANK District, BRUSH RUN .23 AC 100×100, which was returned delinquent or non-entered in the name of COBB EARNEST AUSTIN; COBB ALLEN; NA, and was sold by the deputy commissioner of delinquent and non-entered lands of POCAHONTAS County at the sale for the delinquent taxes on May 11, 2023, DAVID J. CAIN requests that you be notified a deed for such real estate will be made on or after July 1, 2024, as provided by law, unless before that day you redeem such real estate. The amount needed to redeem on or before June 30, 2024 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 2021 – 6972. $ 136.85
Back tax tickets, with interest, and charges due on the date of certification for ticket number. $ 0.00
Subsequent of taxes paid on the property, with interest for tax year 2022-9125. $ 28.74
Additional taxes with interest. $ 0.00
Auditor’s Certification, Publication, and Redemption fee plus interest. $ 182.65
Amount paid for Title Examination, notice to redeem, publication, personal service, Secretary of State, with interest. $ 246.74
Additional Statutory Fees with Interest. $ 0.00
Total Amount Due and Payable to WV State Auditor – cashier check, money order, certified or personal check. $ 594.98
You may redeem at any time before June 30, 2024 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
2/8/3c
NOTICE OF REDEMPTION
2022-C-000028-POCAHONTAS COUNTY-DAVID J. CAIN
To: JENNIFER DANIELLE MITCHELL, 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: GREEN BANK MAP: 78 PARCEL 0014 0000 0000
You will take notice that DAVID J. CAIN, the purchaser of the following real estate, Cert. No. 2022-C-000028, located in GREEN BANK District, LT. 5 DEER CREEK .08 AC 50X73.67, which was returned delinquent or non-entered in the name of VARNER KENNETH and was sold by the deputy commissioner of delinquent and non-entered lands of POCAHONTAS County at the sale for the delinquent taxes on May 11, 2023, DAVID J. CAIN requests that you be notified a deed for such real estate will be made on or after July 1, 2024, as provided by law, unless before that day you redeem such real estate. The amount needed to redeem on or before June 30, 2024 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 2021 -10161. $ 91.37
Back tax tickets, with interest, and charges due on the date of certification for ticket number. $ 0.00
Subsequent of taxes paid on the property, with interest for tax year 2022-8570. $ 8.63
Additional taxes with interest. $ 0.00
Auditor’s Certification, Publication, and Redemption fee plus interest. $ 105.08
Amount paid for Title Examination, notice to redeem, publication, personal service, Secretary of State, with interest. $ 246.74
Additional Statutory Fees with Interest. $ 0.00
Total Amount Due and Payable to WV State Auditor – cashier check, money order, certified or personal check. $ 451.82
You may redeem at any time before June 30, 2024 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
2/8/3c
NOTICE TO THE PUBLIC
The Pocahontas County Board of Health approved its new rule for Fees for Permits on February 19, 2024.
A copy of the rule is available at the Pocahontas County Health Department located at 900 10th Avenue, Marlinton, WV 24954.
A 30-day comment period will begin February 20, 2024 and end March 20, 2024.
Please send all comments to:
Pocahontas County Health Department
900 10th Avenue
Marlinton, WV 24954
2/22/4c