State Ex Rel. North St. Louis Trust Co. v. Wolfe

This cause is an original proceeding in prohibition to prohibit a circuit court judge from proceeding further in a cause pending in his court. Preliminary writ was issued. [1] Upon the filing of the return, which raised only questions of law, relator filed motion for judgment on the pleadings. In this situation, the facts, well pleaded in the petition, will be taken as true. [Caulifield v. Broaddus, 234 Mo. 331, 137 S.W. 271; State ex rel. Busby v. Cowan (Mo. App.), 107 S.W.2d 805.]

The facts, from the petition and the return, are as follows: Hanna A. Milbradt executed her will March 14, 1935,…