State ex rel. Lee v. Montgomery

Lee asserts that the court of appeals erred in denying the requested writ of mandamus. Lee’s preeminent claim is for a writ of mandamus to compel the Attorney General to “take such action as is necessary * * * to resolve the matter of identifying the rest of the members of the ‘class of beneficiaries’ ” of the charitable trust. Lee contends that the Attorney General has a clear legal duty to bring an action to define the other beneficiaries of the trust besides Miami University. Lee further contends that the Attorney General has a clear legal duty to move to vacate the probate court judgment…