Charges She’s Spending Extravagantly : Church Sues Woman, 100, Over Fund It Will Inherit

A church that stands to inherit a 100-year-old woman’s $714,000 trust fund is suing to halt her “extravagant” spending and obtain repayment of about $91,000 she used to care for herself and an ailing sister.

In its Superior Court lawsuit, South Congregational Church alleged that the $91,000 was distributed improperly to the woman, Jesse Leach. It requested a halt in the further improper use of the trust and asked that the New Britain National Bank be removed as trustee.

Leach, who will be 101 on May 23, said Friday that she feels no bitterness toward the church.

Suffers From Glaucoma

“I hate to have something like this happen, but it’s been going on for two years,” said Leach, who cannot walk without assistance, suffers from glaucoma and rarely goes beyond the front porch of her tidy, three-story brown clapboard home.

“If anything, we’re to blame. We’ve been taking from the trust fund because we need it. But, if you need it, how can you put it back like they’re asking?”

Probate Judge Edward J. Januszewski is to rule Monday on whether the bank’s accounting of the trust fund was proper regarding expenditures on behalf of Leach’s sister, Florence Peterson, who died April 26 at age 94.

The trust was established with $570,000 by Leach’s husband, Ray, a New Britain feed merchant who died in 1965.

Ray Leach’s will stipulates that his wife live on income from the trust and her own resources but permits her to dip into the principal if necessary. After her death, the trust is to be turned over to the church for its ministry and music programs.

South Congregational’s suit characterizes expenditures authorized by the New Britain bank as “exorbitant and extravagant.” It says that the trustee violated Ray Leach’s will by allowing Jesse Leach to withdraw $49,339 from the principal before her personal assets were exhausted and says that $41,686 was used in violation of the will to care for Peterson.

“All the church is asking is that the provisions of the will be administered according to the wishes of Mr. Leach,” church attorney Duncan J. Forsyth said. “The church has never claimed that Jesse Leach should not get the proper care she deserves.”

But Jesse Leach’s lawyer, Allen H. Pease, said that he is “fighting for her to live the way she’s used to living and having (money for) additional expenses brought on by the conditions of her age, such as medical expenses.”

Leach’s personal assets have been exhausted and the principal was tapped to pay for her rising medical costs, almost all of it for nursing aides, Pease said.

Edward B. Scott, attorney for the bank, confirmed that money from the trust was used for Peterson, but said that Peterson contributed to the household and repaid the trust $18,000 before dying.

The bank was satisfied with that amount, but, he said: “The church apparently thinks that isn’t enough.”

Superior Court Judge George W. Ripley of New Britain has held one hearing on the matter and is considering a motion by the bank claiming the church lacks the right to file its complaint. His decision is expected within two weeks.