I inherited mineral rights sent all the notarized affidavid of heirship papers and death certificate of my father’s into these people. In Bryan co ,oklahoma LAND SURVEYORS GET IT ALL AND THEM TELL ME OH SORRY WRONG JACK FLOYD STEWART!!WHAT CAN I DO THEY TOOK MY MINERAL RIGHTS
The problem may be back several generations. That name is common, so there could be a legitimate mistake a long time ago. If you truly think that you have the rights, get a landman to research your title and talk to the company again.
Ms. Barnes is correct, this might be a mistake. For example, your father’s death certificate will have the names of his parents. The company’s response may be correct if his parents were different from those who had rights. Ask the company “What are the title requirements to put the minerals into ‘pay status’”.
To be specific;R. D. WILLIAMS & COMPANY PETROLEUM LAND SERVICES 2601 N.W. Expressway, Suite 300E Oklahoma City, OK 73112
March 20, 2017
Sunday Stewart Machamer 2336 Ivy Avenue, Apt. #2 Shasta Lake City, CA 96019
Re: Estate of Jack Floyd Stewart Section 35, Township 6 South, Range 8 East Bryan County, Oklahoma
Dear Sunday:
Pursuant to our telephone conversation, enclosed is an Affidavit of Heirship regarding Jack Floyd Stewart, deceased, in connection with his interest in the above-described tract of land.
Please complete the enclosed form as fully as possible, paying particular attention to the numbers marked with an asterisk (*). After completion, have your signature acknowledged by a notary public and return to the undersigned in the enclosed self-addressed and stamped envelope. If you complete the Affidavit of Heirship form, also execute the enclosed Affidavit of Facts and have your signature notarized.
If the decedent left a will, please enclose a copy of said will along with a death certificate (copy is sufficient). Due to the fact that we found no probate proceedings in the county clerk’s office, this Affidavit will serve to show the chain of title as to this interest.
Thank you for your help and if you have any questions.
Sincerely,
Barry Fennel
For: JACK FLOYD STEWART (Deceased) Well Name: Murphy 1-34H35 Legal Description: SW/4 SE/4 SW/4 and S/2 SW/4 SW/4 and NW/4 SW/4 SW/4 of Section 35, Township 6 South, Range 8 East County, State: Bryan Co., OK Requirement No.: 59 and 60 Sunday Stewart Machamer , residing at 2336 Ivy Avenue, Apt. #2 (Name of Affiant) (Address) Shasta Lake City CA 96019 being first duly sworn, on oath deposes and (City) (State) says that the answers and other statements hereinafter set out are true and correct.
Sunday- not sure what you see as a problem. Complete the Affidavit with the requested information, sign, have notorized and return to Mr. Fennel. Whom by the way is a good man & good landman. I know him and trained him in the business 20 years ago.
Many companies do not have internal company landmen anymore. They contract out to land companies to do that sort of work. XTO is probably using RD Williams to follow up on your claim. That is perfectly normal. RD Williams has been around a long time.
Make sure that affidavit is also filed in the county courthouse in Bryan county.
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Does anyone have a royalty owner contact at XTO? Phone, name, email? I can’t even reach my old OCC contacts. First payment on new well was due in January, no DO, no contact, no return call. Disgusting!
Everyone is in a difficult situation right now with COVID-19 shutdowns. The owner relations information is on the website for XTO near the bottom in “contact us”. If the well was due to be in payout, then send a certified letter, return receipt and request payment and interest due. Keep a copy of everything you send.
Send them a letter. Works like a charm almost every time it’s tried.
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Section 35 ;
township 6 south
Range 8 east
Bryan co. Oklahoma.
How can i find out the name of owners?This is suppose to be my name.i was told that they’d also file the papers with the assessors office.the funda were in suspense awaiting me.i ALREADY FILLED OUT ALL THEIR REQUESTED AOH FORMS AND SET IN DEATH CERTIFICATE IN 2017.they also got all off it faxed to them. they told me that they had to wait for the originals that i had measured them as well that were notorized to arrive before they could proceed any further.approx…1 month later another person emails me and says"sorry wrong Jack Floyd Stewart." I’m the correct heir here i just need to know how to proceed I’m unfamiliar with any of my rights and how to get what belongs to me here .I’ve got ptsd and so all of this is very overwhelming to me.I’d really appreciate any help from anyone in the way of where to start and who i can contact to represent me and get all of this figured out.it’s quite a bit of money and in homeless in California thinking about moving to Bryan co.where i have this land.thank you
Perhaps a bit of history will help clarify what is going on. The land and minerals were granted to some person back at the original patent grant at statehood for Oklahoma. The land and minerals were tied to together. Over time, the surface land can be severed or disconnected from the minerals. A farmer or rancher can own the surface and someone else could own the minerals. Over the generations, the surface owner can sell or pass to his or her children and grandchildren, etc. The mineral owner can do the same thing. What might have started out as a 160 ac land grant can be fractionated by being handed down to more and more people as each generation grows. One person owned the original 160 acres. Now, it may be a hundred people owning parts of the 160 acres.
When the oil companies lease, they have a title search done to track down all those owners of the mineral rights and how they got the rights. They use the documents that are filed in the courthouse, ancestry.com, and many other sources to try to find the correct owners. Sometimes, there are mistakes made as folks have identical names. The paperwork that is filed in the courthouse is the most important source. If someone dies, then their will has to be filed in the county courthouse where the person lived and also in the county courthouse where the minerals are located. Many families have not done that. If there is no will, then the rules of intestate law are used. The affidavit of heirship must be filed in the courthouse in Bryan County. The operating company also wants a copy as they do not want to pay the wrong person. There are many comments about this procedure on the forum. All deeds must be filed in the courthouse as well.
Back to your situation. No one owna all of section 35-6S-8E. There are at least 186 people as of 2008. From your description above, you may or may not have a small portion-perhaps 40 acres. You probably do not own the surface, but it is possible, so don’t consider moving until you figure that out.
I do see a Jack Floyd Stewart from California on an Oklahoma Corporation Commission filing from 2008. Did you dad live on Fountain Street? I see that name again on a pooling in 2010. The title search at that time thought that a person with that name owned minerals. It could be a common name and may or may not have been your dad. Do you know who your dad may have inherited from? The trail of title must be perfect from him backwards to patent in order to grant you or any other heirs their correct portion.
Finley Resources pooled the section in 2009. I see a Jack Floyd Stewart on the pooling. If he did not answer, then he was assigned a pooling option and Finley would have held the pooling funds for him. Jump forward a couple of years and the Murphy 1-34H35 was drilled by XTO. Is that who contacted you? They are the Operator of the well. Did your father get royalties from that well?
When you turned in your affidavit of heirship and death certificate to the land group (who is very reputable), they ran a title check to see who your father’s parents were or how he got the minerals by inheritance or purchase. It is possible that your father never owned the minerals and a different Jack Floyd Stewart owned them. If you have family documents that prove otherwise, then you can go back to them and try to get a correction. You would need to give them any information that they need to establish the correct title chain. Try contacting the person who told you that it was the wrong Jack Floyd Stewart and ask them to clarify their statement. Ask them why they think your dad is not the correct person.
You may be the heir of your dad for sure, but he just may not have owned the minerals in Oklahoma. These things take time to unravel. The orginal attorney for XTO is listed below.
XTO ENERGY, INC. 810 HOUSTON STREET FT. WORTH, TEXAS 76102 Contact Name: RICHARD K. BOOKS Contact Phone: 405-232-3722
Oh my gosh you are a God send i thank you from the bottom of my heart for answering My grandmother was edde annie Stewart she lived in Texas i believe and married a Jimmy Stewart had my father Jack Floyd Stewart.
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