CHARLESTON – A Charleston church says it is owed 15 percent of a woman’s estate.
Charleston First Church of the Nazarene, by its trustees, filed its complaint September 29 in Kanawha Circuit Court against Denise J. Ours individually and as executrix of the estate of Elsie Jones Ours and Western Surety Company.
According to the complaint, Elsie Jones Ours passed away November 28, 2015. Her will said the church, of which she was a longtime member, was to receive 15 percent share of the residuary estate and a $10,000 specific bequest, according to the complaint.
Since her death, the church says Ours’ estate has failed to file annual accountings and to comply with the will. It says an appraisement of the estate shows assets of $844,096.13. The church says the funds have not been distributed, meaning it has failed to receive its lawful inheritance.
The church accuses the defendants of breach of fiduciary duty, fraud and unjust enrichment. It seeks compensatory and punitive damages.
The church is being represented by Timothy J. LaFon of Ciccarello Del Guidice & LaFon in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-869