State Ex Rel. Nixon v. Hutcherson

I

WILLIAM RAY PRICE, JR., Judge.

Because only the attorney general of the state of Missouri or individuals with a “special interest” have standing to bring suit to enforce charitable trusts, the trial court exceeded its jurisdiction when it refused to dismiss a class action lawsuit in Ray County seeking to enforce certain provisions of a trust and the last will of Mary Katherine Axtell. The preliminary writ is made absolute.

II

Prior to her death in 1960, Mary Katherine Axtell created a will and testamentary trust. The will contained a number of provisions that are at issue here. First, the will…