{Additional paragraphing included}
CHANCERY HEARING
Cyrus P. Huggins vs. John W. Henry & Anne L. Henry, minors
Book 92, Pages 333-337
To view, click on images then repeat on following page
STATE OF WEST VIRGINIA COUNTY OF WETZEL
Cyrus P. Parsons
vs. In Chancery.
John W. Henry and
Anne L. Henry, minors
To the Honorable M. H. Willis, Judge of the Circuit Court of Wetzel County, West Virginia
The undersigned, G. E. Huggins, a surveyor, James Parsons and T.J. Cooper, commissioners, appointed by a decree rendered by the Court, in the above entitled cause, to make division and partition of the real estate in the bill and proceedings mentioned and described, (except the oil and gas and the oil and gas rights within and underlying said lands,) now respectfully submit a report of their action in the premises:
They report that, before entering on the discharge of their duties under said decree, they were each first duly sworn, the oath by them so taken and subscribed appearing on this report as part hereof; and that after taking said oath; they went, on the 6 day of April, 1905 upon each of the said three tracts or parcels of land in the bill and proceedings mentioned and described, and viewed and examined the same, each of said commissioners being then and there present, which said three tracts of land are situated adjoining in Proctor District, Wetzel County, West Virginia, and upon survey made and returned with plat as part of this report they find that said lands consist of 126 88/160 acres, said survey made by the said G. E. Huggins, a surveyor and one of said commissioners, with the assistance of said commissioners.
And your undersigned commissioners further find and report that said lands are susceptible of partition in kind without manifest prejudice to any of the parties in interest; and pursuant to said decree they then proceeded to make division and partition of said lands (except the oil and gas within and underlying same and the oil and gas rights and privileges)
PAGE 334:
and by proper mates and “and” bounds to allott {sic}and set off the same, quantity and quality considered, to and among the said Cyrus P. Huggins and John W. Henry and Anna L. Henry according to their respective rights and interests therein as decreed by the Court as aforesaid, and so partitioned and allotted said lands as follows, to-wit:
To the said Cyrus P. Huggins we assigned and allotted the nineteen-twenty firsts (19/21) in value of said lands, which we number, “Lot 1, on said plat, and is bounded and described as follows, to-wit:
Containing 114 64/160 acres, and beginning at a poplar corner to J. L. Parsons {Joseph L. Parsons} and with same & Albert Garner S. 85 E. 3006 ft., to a poplar corner to Albert Garner with same S.62-35 W. 383 ft. to a W. O. stump;
thence S. 18 ½ W. 1400 ft. to a stake in old corner to lot No. 2 with same S. 45-35 W. 514 ft. to a Beech thence S. 73-10 W. 371 ft to an Elm thence S. 51-50 W. 343 ft to a Lyn thence with lot “No. 3” S. 61-05 W. 213 ft to a stone with same S 36 ½ E. 218 ft to a stake with same N 51 ½ E 152 ft to a sugar thence S 42-25 E. 503 ft to a stake thence N. 45 E. 400 ft. to a sugar thence S. 3 W. 693 ft. to a stake,
thence N. 77 ¼ W. 553 ft to a W. O. stump, thence S. 78 W. 429 ft. to a stake, thence N. 29-10 E. 422 ½ ft. to a stone, thence N. 62-10 W. 327 ft. to a stone thence N. 20 ½ W. 2664 ft. to a Ash, thence N. 27-35 W. 339 ft to a stake thence N. 84-50 E. 273 ½ ft. to Beg. Containing 114 64/160
To the said John W. Henry was assigned and allotted one-twenty first (1/21) portion of said lands, in value, which we number as “Lot 2{“}, on said plat and is bounded and described as follows, to-wit:
Containing 6 64/160 acres and beginning at a large Elm N. 73-10 E. 371 ft to a Beech N. 45-35 E. 514 ft. to a stake in old line thence S. 18 ½ W. 968 ft. to a sugar thence S. 45 W. 69 1/3 ft to a stake corner to “Lot No. 3”, with same N. 42-25 W. 644 ft, to a stake in C. P. Huggins line & corner to lot No. 3, thence with C. P. Huggins N. 51-50 E. 76 ft. to beg. containing 6 64/160 A.
To the said Anna L. Henry we assigned and allotted the one-twenty first (1/21) portion of said lands, which we number, “Lot 3”, on said plat, and is bounded and described as follows, to-wit:
Containing 5 120/160 acres, and beginning, at a large sugar corner with C. P. Huggins, thence S. 51 ½ W. 152 ft. to a stake thence N. 36 ½ W. 218 ft. to a stone thence N. 61-05 E. 213 ft. to a Lyn thence N. 51-50 E. 267 ft to a stake corner to lot No. 2 in C. P. Huggins line thence S. 42-25 E. 644 ft to a stake thence S. 45 W. 330 2/3 ft to a stake thence N. 42-25 W. 503 ft to Beg. Containing 5 ¾ A.
And the “undersigned” further report that one of their number, G. E. Huggins, an experienced surveyor made a survey, map and plat of said lands, which is marked “Exhibit, “A” {sic} filed herewith and made a part of this report.
And the undersigned further report that the items of the proper and necessary expenses, and their fees for their services in the premises are as follows, to-wit:
G. E. Huggins 4 ½ days at $3.00 per day $13.50
J. L. Parsons 3 ½ days at $1.50 “ “ $ 5.25
Thos. J. Cooper 1 ½ “ “ “ $ 2.25
Chairmen. Jason Paugh 2 ½ “ “ “ “ $ 3.75
Zeri Paugh 2 ½ “ “ “ “ $ 3.75
---------
Total $28.50
Respectfully submitted.
Given under our hands this the 7 day of Apr. 1905.
G. E. Huggins, Surveyor,
J. L. Parsons, Comr.
Thos. J. Cooper, Comr.
PAGE 335:
{MAP}
PAGE 336:
Cyrus P. Huggins,
vs. In Chancery.
John W. Henry and
Anna L. Henry, minors.
This cause came on this the 11th day of April, 1905, to be finally heard upon the papers formerly read herein, upon all of the former orders and decrees made and entered therein; upon the report of G. E. Huggins, James L. Parsons and Thomas J. Cooper the commissioners heretofore appointed to make partition of the lands (except the oil and gas rights) in the bill and proceedings mentioned and described and was argued by counsel. And there being no exceptions to said report and the court perceiving no just grounds of exception thereto, the said report and partition therein shown are hereby ratified and confirmed.
And it appearing from said report that there was allotted and assigned of the said lands, to the said Cyrus P. Huggins, the lot or parcel, designated, on the plat returned as part of the said report, as “Lot number One (1) which is bounded and described as follows, to-wit:
Beginning at a poplar corner to J. L. Parsons and with same & Albert Garner S. 85 E. 3006 ft., to a poplar corner to Albert Garner with same S.62-35 W. 343 ft. to a W. O. stump;
thence S. 18 ½ W. 1400 ft. to a stake in old corner to lot number (2), thence with same S. 45-35 W. 514 ft. to a Beech thence S. 73-10 W. 371 ft to an Elm thence S. 51-50 W. 343 ft to a lynn, thence with lot number three (3) S. 61-05 W. 213 feet to a stone with same S 36 ½ E. 218 feet to a stake, and with same N 51 ½ E 152 ft to a sugar,
thence S. 42-25 E. 503 feet to a stake, thence N. 45 E. 400 ft. to a sugar thence S. 3 W. 693 feet. to a stake, thence N. 77 ¼ W. 553 ft to a W. O. stump, thence S. 78 W. 429 feet to a stake, thence N. 29-10 E. 422 ½ ft. to a stone, thence N. 62-10 W. 327 ft. to a stone thence N. 20 ½ W. 2664 ft. to an ash, thence N. 27-35 W. 339 feet to a stake
thence N. 84-50 E. 273 ½ feet to beginning, containing One Hundred and Fourteen and 64/160 acres. It is therefore adjudged ordered and decreed that the said Cyrus P. Huggins do take and hold in severalty and in fee simple the land assignated as lot number one as aforesaid.
And it is further appearing from said report that there was allotted and assigned of said lands in the bill and proceedings mentioned and described to the said John W. Henry the lot or parcel, designated, on the plat returned as part of the said report, as Lot number two (2) which is bounded and described as follows, to-wit:
Beginning at a large elm, thence N. 73-10 E. 371 feet to a beech, N. 45-35 E. 514 feet to a stake in old line, thence S. 18 ½ W. 968 feet to a sugar, thence S. 45 W. 69 1/3 feet to a stake corner to “Lot number three (3), with same N. 42-25 W. 644 feet to a stake in C. P. Huggins line and corner to “Lot number three (3), thence with C. P. Huggins N. 51-50 E. 76 feet to the beginning and containing Six 64/100 acres (6 – 64/100).
It is therefore ordered, adjudged and decreed that the said John W. Henry do take and hold in severalty and in fee simple the said lot of land designated as lot number two (2) and described as aforesaid. And it further appearing from said report that there was allotted and assigned of the said lands in the bill and proceedings mentioned and described to the said Anna L. Henry the lot or parcel designated on the plat returned as part of said report as “lot number Three (*(3) which is bounded and described as follows, to-wit:
Beginning at a large sugar corner with C. P. Huggins, thence S. 51 ½ W. 152 feet to a stake, thence N. 36 ½ W. 218 feet
PAGE 337:
to a stone, thence N. 61-05 E. 213 feet to a lynn, thence N. 51-50 E. 267 feet to a stake corner to lot number two (2), in C. P. Huggins line, thence S. 42-25 E. 644 feet to a stake, thence S. 45 W. 330 2/3 feet to a stake, thence N. 42-25 W. 503 feet to the beginning, containing Five and ¾ acres (5 ¾).
It is therefore ordered, adjudged and decreed that the said Anna L. Henry do take and hold severalty and in fee simple the said parcel of land designated as “Lot number 3”, and described last aforesaid.
The lands so partitioned are situated in Proctor District, Wetzel County, West Virginia, but the oil and gas and oil and gas rights and privileges being produced or within and underlying all of said lands are not allotted and partitioned with the acreage of the three said lots or parcels as aforesaid but the oil and gas and the oil and gas rights and privileges within and underlying said lands remain in common between the various owners thereof in all respects as if this suit had not been brought.
And it is ordered that the Clerk of this Court shall transmit to the clerk of the County Court of said county a copy of the decree of partition, of this decree, and of the report of partition and plat filed therewith as required by law. And on motion and request of plaintiff it is ordered that the costs of this suit be taxed to him.
And the court allows a fee of $5.00 to the guardian ad litem, herein.
STATE IF WEST VIRGINIA, COUNTY OF WETZEL, TO-WIT:
CLERK’S OFFICE CIRCUIT COURT,
I, W. J. Postlethwait, clerk of said Court, do certify that the foregoing are true and correct copies of the Decree of Partition Plat Report of Commissioners and Decree Confirming partition in the chancery cause of Cyrus P. Huggins vs. John W. Henry, et al., as the same and on file appears of record, in my said office.
Given under my hand and official seal this 21st day of April, 1905.
(Official Seal). W. J. Postlethwait, Clerk
WETZEL COUNTY WEST VA. CLERK’S OFFICE COUNTY COURT,
APRIL 27th, 1905
.
The foregoing PARTITION DEED in Chancery cause of Cyrus P. Huggins vs. Anna L. Henry et al was on the 24th day of April, 1905, presented into the Clerk’s office aforesaid and thereupon admitted to record together with the certificate thereto annexed.
I.D. MORGAN, CLERK
