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STATE EX REL. NIXON v. HUTCHERSON

No. SC 84679.

96 S.W.3d 81 (2003)

STATE ex rel. Jeremiah W. (Jay) NIXON, Attorney General, and Carroll County Trust Company, Relators, v. The Honorable John R. HUTCHERSON, Retired, Circuit Judge, 8th Judicial Circuit, Ray County, Respondent.

Supreme Court of Missouri, En Banc.

February 11, 2003.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. General, Tracy E. McGinnis, Sarah E. Ledgerwood, Assistant Attys. General, Jefferson City, James A. Foland, David W. White, Jacqueline M. Sexton, John A. Watt, Kansas City, for Relators.

Roger M. Driskill, Liberty, John P. Killian, Independence, for Respondent.

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...

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