Cannon v. Stephens

The Chancellor:

The first ground of demurrer is that the trust described in the bill of complaint is a public charitable trust and that the attorney general, as representative of the State, is a necessary party but has not been joined as a party.

Where a suit is concerned with a public charity, the general rule undoubtedly is that the attorney general as representative of the public is a necessary party, and has the preclusive right to sue. The general rule is not an incident to the charitable nature of the trust. That which supplies the foundation for the rule that suit to establish, protect…