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 24954-1333. 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 through the Pocahontas County Clerk’s Office at the address listed above 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 person interested in filing claims against an estate must file them 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 commissioner.
First Publication Date: Thursday, May 19, 2022
Claim Deadline: Monday, July 18, 2022
ESTATE NUMBER: 14381
APPOINTMENT DATE: MAY 2, 2022
ESTATE NAME: LEETA RYDER RUSSELL
ADMINISTRATRIX: Sandra Irvine
4922 Brush Country Road
Marlinton, WV 24954-6663
Subscribed and sworn to before me on May 19, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/19/2c
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 24954-1333. 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 through the Pocahontas County Clerk’s Office at the address listed above 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 person interested in filing claims against an estate must file them 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 commissioner.
First Publication Date: Thursday, May 12, 2022
Claim Deadline: Monday, July 11, 2022
ESTATE NUMBER: 14379
ESTATE OF: DAVID G. IRVINE, SR.
EXECUTRIX: Marvina C. Irvine
3979 Brush Country Road
Marlinton, WV 24954-6649
ESTATE NUMBER: 14390
ESTATE OF: JOHN NEIL RALSTON
EXECUTRIX: Mary R. Ralston
10849 Potomac Highlands Trail
Arbovale, WV 24915-5471
Subscribed and sworn to before me on May 6, 2022.
Melissa L. Bennett
Clerk of the Pocahontas County Commission
5/12/2c
IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY, WEST VIRGINIA
THAT BEING THE JUVENILE COURT OF SAID COUNTY
IN THE MATTER OF:
S. R. Case No.: 22-JA-09 (D)
The object of this action is to notify Adult Respondent Unknown Father of S.R. of an Adjudicatory/Disposition/Termination of Parental Rights Hearing scheduled herein so that said Adult Respondent Unknown Father of S. R. may appear to protect his interests.
ORDER OF PUBLICATION
AND
NOTICE OF HEARING
TO: UNKNOWN FATHER OF S. R.
You are hereby notified that an abuse and/or neglect and/or abandonment Petition has been filed with the Circuit Court of Pocahontas County, West Virginia, on the 23rd day of February, 2022, and assigned Case Number: 22-JA-09 (D); and, an Amended Petition was filed on the 11th day of May 2022, wherein the mother of the infant S. R. is Penny Tomko. The father of the infant S. R. is unknown.
An Adjudicatory Hearing will be held in this matter on the 30th day of June, 2022 at 3:30 p.m. at the Pocahontas County Courthouse, 900 Tenth Avenue, Marlinton, WV 24954.
You are hereby notified that you have the right to have Counsel present at all stages of these proceedings, and Richard Gunnoe has been appointed as Counsel for Adult Respondent Unknown Father of S. R., telephone number 304-645-2222.
ALL SUCH PROCEEDINGS CAN RESULT IN THE PERMANENT TERMINATION OF CUSTODIAL AND PARENTAL RIGHTS TO SAID INFANT CHILD.
Accordingly, you who may have an interest in these proceedings must attend and may make such defense as you shall deem advisable on or before the date and time aforesaid, or termination of your custodial and parental rights may be ordered by the Court.
A copy of said Petition can be obtained from the Office of the Circuit Clerk of Pocahontas County, West Virginia, at the Pocahontas County Courthouse, Marlinton, West Virginia, 304-799-4604.
State of West Virginia
West Virginia Department of
Health and Human Services,
Child Protective Service Division,
By Counsel: Teresa W. Helmick
Pocahontas County Prosecuting Attorney
WV State Bar No. 5750
900 Tenth Avenue
Marlinton, WV 24954
304-799-6424
Entered by the Clerk of said Court May 12, 2022
Connie M. Carr
Clerk of the Pocahontas County Circuit Court
5/19/2c
NOTICE OF SPECIAL COMMISSIONER’S SALE
OF REAL ESTATE
Notice is hereby given that the undersigned, MICHAEL C. DOSS and J. STEVEN HUNTER, Special Commissioners, pursuant to the terms of that certain Order of the Circuit Court of Pocahontas County, West Virginia, entered on the 9th day of May, 2022, in that certain civil action styled, “Brenda Waugh and Catherine Waugh vs. Malisa Hutto, Civil Action No. 21-C-15(D)”, will offer for sale and sell at public auction to the highest responsible bidder on the 10th day of June, 2022, at 2:00 p.m., at the front steps of the Pocahontas County Courthouse in the Town of Marlinton, Pocahontas County, West Virginia, the premises, conveyed thereby, being and consisting of the following:
All of those two certain tracts or parcels of real estate all being situate near Buckeye in the Edray District of Pocahontas, West Virginia, and being more particularly described as follows:
TRACT I
Beginning at the Northeast corner at an iron stake and running in a Southerly direction 190 feet to a stake and a corner; thence in a Westerly direction and parallel to U. S. 219 325 feet to an iron stake and a corner; thence in a Northerly direction 64 feet to an iron stake and a corner; thence in a Northeasterly direction to an iron stake and the point of beginning, containing 1 acre, more or less; Identified as parcel 5.1 of Tax Map 66 in the 2021 Land Book for the Edray District of Pocahontas County, West Virginia.
TRACT II
Beginning at a fence post in fence junction, a north east corner of the 1.0 acre tract and with same S 70-40 W 403.00’ to a ¼” spike set on edge of a road thence:
N 14-09 W 40.0’ to a ½” rebar set thence:
N 70-40 E 393.5’ to a ½” rebar set thence:
S 27-00 E 40.0’ to place of beginning and containing 0.37 acres more or less. Identified as parcel 5.2 of Tax Map 66 in the 2021 Land Book for the Edray District of Pocahontas County, West Virginia.
The above-described real estate shall be sold subject to any restrictions, covenants, conditions, matters of record and encumbrances against the same. The title shall be conveyed by the Trustees, with covenants of special warranty. The 2022 real estate taxes shall be the responsibility of the purchaser and all taxes thereafter due and assessed against the said property shall be the responsibility of the purchaser.
TERMS OF SALE: Ten Percent (10%) of the highest bid shall be deposited with the Special Commissioners immediately at the conclusion of the auction, which will be applied to the amounts due from purchaser at closing. The deposit is non-refundable unless the Special Commissioners for some reason beyond their control can not deliver special warranty of title or if the Court does not approve the bid.
CONDITION OF SALE: Said property shall be sold to the highest responsible bidder subject to the approval of the Circuit Court of Pocahontas County, West Virginia.
Closing shall take place within fifteen (15) days after the Court’s approval of said bid.
Given unto our hands on this the 16th day of May, 2022.
MICHAEL C. DOSS,
SPECIAL COMMISSIONER
J. STEVEN HUNTER,
SPECIAL COMMISSIONER
5/19/3c
NOTICE OF TRUSTEE’S SALE
OF VALUABLE REAL ESTATE
Notice is hereby given that the undersigned, MICHAEL C. DOSS, Substitute Trustee, by virtue of that certain document, bearing date the 19th day of April, 2022, and of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Trust Deed Book 407, at page 289 and by virtue of that certain Deed of Trust executed by Paul E. Ennis, bearing date the 6th 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 203, 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, Summit Community Bank, 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 27th day of May, 2022, at 3:00 p.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:
PARCEL I:
All of that certain tract or parcel of real estate situate in the Edray District of Pocahontas County, West Virginia, situated on Secondary Route 17/3, on top of Woodrow Mountain, and being more particularly described as follows:
BEGINNING at a ½ inch iron pipe set on the South Right of Way of Secondary Route 17/3, and a corner to Beckwith Lumber Company, thence leaving Beckwith Lumber Company and with said Right of Way for the next 4 lines
S 89-50-31 E 49.01 feet to a point on said R/W, thence
N 83-20-30 E 54.27 feet to a point on said R/W, thence
N 75-29-35 E 64.57 feet to a point on said R/W, thence
N 74-02-22 E 33.37 feet to a car axle found on said R/W, and a corner to Raymond and Mildred Sutton, thence leaving said Right of Way and with Sutton for 1 line
S 28-52-52 E 214.45 feet to a car axle found, a corner to Sutton and Beckwith Lumber Co., thence leaving Sutton and with Beckwith Lumber Co., for the next 2 lines
S 80-18-24 E 222.02 feet to a car axle found, a corner to Beckwith Lumber Co., thence
N 23-00-25 W 210.39 feet to the point of beginning and containing .957 of an acre, more or less, as surveyed by William E. Dilley, LLS, of Dunmore, West Virginia, in March 1994, and as shown on a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 240, at page 278.
And being the same tract or parcel of real estate as acquired by Paul Ennis and Diana Ennis by the provisions of a survivorship Deed of Conveyance from Ethan A. Burgess, said deed bears date the 13th day of May, 1996, and is of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 240, at page 276.
PARCEL II:
All of that certain tract or parcel of real estate situated on the waters of Stony Creek on the West Virginia Secondary Route 17/3, near the community of Woodrow, in the Edray District of Pocahontas County, West Virginia, and being more particularly described as follows:
BEGINNING at the edge of a small stream at the county road and a stake, and thence running 100 feet in a northeasterly direction to a stake at the edge of a hill, and thence running in a straight line with the edge of the said hill in a direction generally from east to south and running 230 feet to a stake, and thence leaving that said line at a stake and running in a straight line to the edge of the county road and a large rock, 218 feet, and thence running with the said road a distance of 208 feet to the point of beginning and containing 1 acre, more or less.
And being the same tract or parcel of real estate as acquired by Paul E. Ennis and Diana J. Ennis, husband and wife, by the provisions of a survivorship Deed of Conveyance from Raymond Sutton and Mildred Sutton, husband and wife, said Deed bearing date the 30th day of May, 1997, and of record in the aforesaid Clerks Office, in Deed Book 247, at page 179.
PARCEL III:
All of that certain tract or parcel of real estate situated in the Edray District of Pocahontas County, West Virginia, on top of Woodrow Mountain, and just off Secondary Route 17/3, and being more particularly described as follows:
BEGINNING at a ½ inch iron pipe found, a corner to Barbara A. Sharp, being west of an Access Road leading to the home of Ethan Burgess, thence with Sharp for 1 line
N 23-12-21 W 191.31 feet to a car axle found, a corner to Barbara A. Sharp and Paul and Diane Ennis, thence leaving Sharp and with Ennis for 1 line
N 80-58-35 E 221.93 feet to a car axle found, being west of the Access Road leading to Ethan Burgess’ house, thence leaving Ennis and cutting through the land of Ethan Burgess for the next 2 lines
S 39-41-24 W 166.90 feet to a ½ inch iron pipe set, from which a 17” Red Oak bears S 52 E 5.80 feet, thence
S 24-21-21 W 90.24 feet to the point of beginning and containing 0.43 of an acre, more or less, as surveyed by William E. Dilley, LLS, of Dunmore, West Virginia, in July 2000, and as shown upon a plat of record in the Office of the Clerk of the County Commission of Pocahontas County, West Virginia, in Deed Book 268, at page 321.
And being the same tract or parcel of real estate as acquired by Paul E. Ennis and Diana J. Ennis, husband and wife, by the provisions of a survivorship Deed of Conveyance from Ethan A. Burgess and Denise Burgess, husband and wife, said Deed bearing date the 4th day of August, 2000, and of record in the aforesaid Clerks Office, in Deed Book 268, at page 319.
The said Diana J. Ennis having departed this lifetime and all of her right, title and interest in and to the aforesaid real estate having passed unto Paul E. Ennis by the provisions of the aforesaid survivorship Deeds.
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 Summit Community Bank, 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 26th day of April, 2022.
MICHAEL C. DOSS, TRUSTEE
5/5/3c