State ex rel. Schaper v. Stussie

SMITH, Judge.

This is an original proceeding in prohibition seeking to prevent respondent judge from proceeding to trial in an equity case until an accounting has been had. We issued our preliminary writ but after oral argument issued our order quashing our preliminary writ with this opinion to follow.

Under the Will of Anna B. Fruend, Jerome E. Jacobsmeyer acted as testamentary trustee until his death on December 1, 1968. Edward J. Houlihan is the executor of the estate of Jerome E. Jacobsmeyer. Relator Bernard Schaper is the successor trustee of the Fruend trust, and is a member of the class…