Beneficiary accuses estate executor, auctioneers of breaching fiduciary duty

By Philip Gonzales | Feb 23, 2017

POINT PLEASANT — A daughter is suing an estate executor and auctioneers, alleging breach of fiduciary duty following her mother's death.

Phyllis A King, as beneficiary of the estate of Lovella F. Lehew, deceased, filed a complaint Jan. 27 in Mason Circuit Court against Marvin L. Goett, Rick Pearson Auction Co. Inc. and Ricky Pearson, alleging they conspired to deprive the plaintiff of her rightful portion of her inheritance.

According to the complaint, upon the death of Lovella Lehew, the parties became the sole owners of the entirety of the decedent's estate. A a result of the defendants' acts, the suit says, King has suffered economic damages in the form of loss inheritance, dissipation of assets, emotional distress and annoyance. 

The plaintiff alleges the defendants sold the entirety of the real estate of Lehaw without King's consent and for substantially less than fair market value.

King seeks trial by jury, compensatory, punitive, special and treble damages, attorney fees and court costs, pre- and post-judgment interest, plus all proper and appropriate relief. She is represented by attorney D. Scott Tyree of Tyree, Embree & Associates PLLC in Hurricane.

Mason Circuit Court Case number 17-c-15

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