WVC 35 - 1 - 7
§35-1-7. Same -- May take and hold property.
The trustee or trustees of any church, religious sect,
society or denomination, or of any individual church, parish,
congregation or branch, within this state, shall have power to
receive donations, gifts and bequests of personal property, and,
subject to the limitations of section eight of this article, to
take by devise, conveyance or dedication or to purchase and to
hold, real property, in trust for such church, religious sect,
society or denomination, or for any individual church, parish,
congregation or branch; and in their own name or names to sue or
be sued in all proper actions and suits, for or on account of the
real or personal property so held or claimed, and for and on
account of any matters relating thereto: Provided,
That, in the
absence of gross negligence, no trustee shall be personally
liable for any tort arising from or growing out of the ownership
of property as a trustee and no such action or suit shall abate
because of the death, removal or resignation of any trustee, or
the appointment of another trustee, but may be proceeded with in
the name of the trustee or trustees by or against whom it was
instituted, or in the name of the succeeding trustee or trustees.
The trustee or trustees shall be accountable to that church,
religious sect, society, or denomination, or to that individual
church, parish, congregation or branch, for which he or they hold
in trust, for the use and management of such property, and shall
surrender it to any person or persons authorized to demand it.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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