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WEST VIRGINIA RECORD

Tuesday, April 16, 2024

Trustees seeks declaratory relief against beneficiary

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WHEELING — Trustees are suing a hospital and the beneficiary of a charitable trust, claiming misrepresentation.

Larry A. Carpenter and the Security National Trust Company, as trustees of The Hamlin Jaeger and Massina Charitable Foundation, filed a lawsuit Dec. 22 in Ohio Circuit Court against Reynolds Memorial Hospital, beneficiary of The Hamlin Jaeger and Massina Charitable Foundation, alleging the beneficiary misrepresented it was still an independent not-for-profit hospital.

According to the complaint, the foundation's trust fund has suffered and will continue to suffer monetary damages for providing periodic trust distributions to the defendant. The plaintiffs allege the defendant was purchased by West Virginia United Health Care Systems Inc. and is no longer an independent not-for-profit hospital.

The plaintiffs seek trial by jury, declaration the defendant is no longer an independent not-for-profit hospital and is disqualified as a trust beneficiary and allowing the plaintiffs to distribute the defendants' former share equally to other trust beneficiaries. They are represented by attorney Donald J. Tennant Jr. of Tennant Law Offices in Wheeling.

Ohio Circuit Court Case number 16-c-387

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