(Download) "State Missouri Ex Rel. Bettye L. Jenkins" by Supreme Court of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. Bettye L. Jenkins
- Author : Supreme Court of Missouri
- Release Date : January 11, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Relator filed petition in the Circuit Court of Dunklin County, on April 26, 1961, for a writ of mandamus to compel respondent, Probate Judge of Dunklin County, ""to assume jurisdiction of the testamentary trust as provided under the Last Will and Testament of Helen L. Wilson, deceased, filed in the Probate Court of Dunklin County on November 16, 1956, under which Trust relator is one of the beneficiaries named therein."" An alternative writ issued ordering that respondent ""assume jurisdiction of said testamentary trust and proceed, in your capacity as Probate Judge, to exercise your discretion in such office and pass on all matters concerning or pertaining to the administration of said testamentary trust."" Respondent's return stated ""that Section 472.020 of the 1955 Probate Code which purports to confer jurisdiction 'of testamentary trusts' upon Respondent is unconstitutional and void because jurisdiction of testamentary trusts is not included within the grant or scope of jurisdiction conferred upon Probate Courts by Article 5, Section 16, Constitution of Missouri of 1945; that the Legislature cannot enlarge or broaden the jurisdiction of the Probate Courts beyond that provided in Article 5, Section 16, Constitution of Missouri of 1945."" Respondent also stated that no procedural code had been provided for the exercise of jurisdiction over testamentary trusts by probate courts. The Court entered judgment ordering a peremptory writ and respondent has appealed. We have jurisdiction because of the constitutional question raised (Sec. 3, Art. V, Const.).