Arminta Huggans Henry Estate
Oil & Gas Deed
5 February 1902
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To the Honorable M. H. Willis, Judge of the Circuit Count of Wetzel County, West Virginia:
The petition of WILLIAM HENRY, guardian of CALVIN HUGGINS, JOHN W. HENRY and ANNIE L. HENRY, infant, - children of ARMENIA HENRY, deceased, respectfully shows and ___:
That on or about the day of August 1891, the said ARMENIA HENRY departed this life, interstate, seized and possessed in fee of the parcel of lands hereinafter described, leaving surviving her WILLIAM HENRY, her husband, and said CALVIN HUGGINS, JOHN W. HENRY, and ANNIE L. HENRY her only children and heirs-at-laws, to whom the title to said land passed and descended in fee by inheritance, subject to the (courtesy?)___ by the ____ of WILLIAM HENRY therein.
That said ARMENIA HENRY, maiden name was ARMENIA HUGGINS, and she was the second wife of said WILLIAM HENRY; said CALVIN HUGGINS is the son of said ARMENIA HENRY (nee HUGGINS) now deceased, and said JOHN W. HENRY and ANNE L. HENRY, said infants, are the children of said ARMENIA HENRY (nee HUGGINS), now deceased, and said WILLIAM HENRY by his second marriage.
That the said children and heirs at law of the said ARMENIA HENRY deceased, are the owners of the remainder in fee of said tract of land, hereinafter described, subject to the estate by the courtesy (?) of said WILLIAM HENRY, therein. That each of the said infants are the owners in fee of the undivided one-third interest of the remainder in fee as aforesaid.
That said petitioner, on the 21st day of January 1902 was, by the Clerk of the County Court of said County, duly appointed and qualified as said guardian of the said infants and is now their legal and lawful guardian. Office copy of said appointment marked Exhibit A is herewith filed as a part hereof.
That said tract of land is the only real estate, or interest in real estate, owned or claimed by said infants, and that the personal property owned and claimed by said infants will not exceed $50.00 in value.
That said tract or parcel of land is bounded substantially as follows, to-wit:
On the North by the lands of REBECCA WHITE and others;
On the East by the lands of SQUIRE BLAKE and others;
On the South by the lands of ISAAC YOHO and others; and
On the West by the lands of _____ and others;
Containing 4 1/3 acres, more or less.
That petitioner as such guardian, and in his own right and heirs at law, by a certain paper writing, duly signed and acknowledged by heirs, bearing date the 30th day of April 1900 for a valuable consideration, did grant, demise, lease and let unto the South Penn Oil Company, a corporation, its successors and assigns, for the term of 10 years, the said tract of land, for oil and gas purposes, and for the purpose of mining and operating for oil and gas purposes, and all the oil and gas within and underlying said tract of land, upon the terms, conditions and stipulations contained in said lease. A copy of said lease marked “Exhibit B” is herewith filed as a part hereof.
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Petitioner is advised and believes that the oil and gas, if any, underlying the lands adjoining and surrounding the said tract of land have all been leased upon the usual and customary terms upon which lands in that neighborhood are leased for oil and gas purposes, and is advised and believes that the interests of the said infants will be promoted and greatly benefited by a sale of all the oil, and of all the gas, within and underlying said tract of land, and especially so if drilling and operations for oil and gas are had on the adjoining lands. That said infants have no means of ascertaining or of operating and producing the oil and gas, if any, underlying said tract of land.
Petitioner is advised and believes that with authority so to do he can sell all the oil and all the gas within and underlying said tract of land (reserving unto the said infants their proportionate share of the one-eighth royalty of oil not sold) together with the necessary rights and privileges for searching for and developing the same, for a good and sufficient sum of money as a bonus, or consideration therefore, and in addition thereto require the said purchaser to drill and complete a well for oil and gas upon the said tract of land within a reasonable time thereafter, free of cost to the said infants, or their guardian, and in case of a failure to drill and complete a well on said tract of land, to pay to the said infants, or their guardian, for further delay, a quarterly rental of $2.50, payable quarterly, in advance, until said well shall be drilled and completed thereupon, or the rights, privileges and estates of the said purchaser are surrendered for cancellation; said rental and royalty to be paid and delivered as the Court may decree and that the completion of such well shall be and operate as a full liquidation of all rental to accrue during the remainder of the term for which said oil and gas is sold.
Petitioner is advised and believes that the interest of the said infants in the said oil and gas, and the rights and privileges which are sought to be sold in this proceeding, can only be sold and disposed of by a degree of a Court of Equity. And petitioner is advised and believes that the interest of said infants will be promoted by a sale of all said oil and all the gas within and underlying said tract of land, and that the rights of no person will be affected thereby. Petitioner is advised and believes that the above named parties are all the persons interested in said land, or having claim or charge upon and against said land.
Petitioner being without remedy at law, therefore, prays that the said WILLIAM HENRY, CALVIN HUGGINS, JOHN W. HENRY, ANNIE L. HENRY, LOUISA HENRY AND SOUTH PENN OIL COMPANY, A CORPORATION
Be made party defendants to this petition; that a guardian ad litem be assigned said infants, who shall answer the same for them and protect their interests herein; that the said guardian ad litem be required to attend said Court and protect the interest of the said infants.
That at the hearing it may be decreed that petitioner, or some other person appointed by the Court for that purpose, do sell on such terms and conditions as the Court may decree, at either public or private sale, to the highest bidder, for cash in hand, all of the oil and all the gas within and underlying said tract of land, with the right and privilege to the purchaser thereof of entering upon the said tract of land, and drilling, boring, excavating and operating for oil and gas, and of producing the oil and gas within and underlying the same, and of laying pipe lines either on top of or underneath the surface of the said tract of land, for the transportation of oil, gas or water, and of building tanks, stations, structures and other buildings on said land to take care of the said oil and gas, and of using sufficient water from the said land to run all necessary machinery, and the right and privilege at any time to remove any and all machinery, engines, boilers, fixtures, tanks, stations, structures, offices and buildings placed on the said land by the said purchaser, or any oneholding {sic} under or through him; that all proper orders and decrees be entered; that petitioner have all other relief, both general and special, as the Court shall seem proper, or the nature of this case may require.
{Signature} WILLIAM HENRY,
Guardian & Petitioner By Consent {?}
{Signature} M. N. ARNETT, Jr., Attorney
STATE OF WEST VIRGINIA, Wetzel County, ss {sic}:
WILLIAM HENRY the plaintiff and petitioner named in the foregoing petition, being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that so far as they are therein stated to be upon the information he believes them to be true.
{Signature} WILLIAM HENRY {his mark} Plaintiff and Petitioner.
Taken, sworn to and subscribed before me this 5th day of February
1902
{Signature} S.A. CARNERY, Notary Public
