Case Description
In a probate case, the Attorney General challenged a will which had been changed to benefit the testator’s housekeeperat the expense of a number of public charities. The housekeeper challenged the Attorney General’s standing, and the trial court dismissed the case. The court of appeals held that the Attorney General did have standing to challenge the will. “Funds which are appropriated for the benefit of society at large are considered to be held in a charitable trust, over which the Attorney General has regulatory authority. There is no requirement that express trust language be used to qualify the funds as a “charitable trust. We believe the Attorney General has common law power and authority to safeguard these charitable assets. The Attorney General’s role in the will contest is to protect charitable assets, and he is vested with that authority. By initiating a will contest, the Attorney General was properly attempting to assure that the funds which were initially bequeathed to the charities were applied to their intended charitable use.”
