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State ex rel. Board of Curators of the University of Missouri, Relator v. The Honorable Joseph L. Green
Citation: 576 S.W.3d 183Docket: SC97418
Court: Supreme Court of Missouri; June 25, 2019; Missouri; State Supreme Court
Original Court Document: View Document
The Supreme Court of Missouri issued a ruling in the case involving the Board of Curators of the University of Missouri and Hillsdale College regarding the administration of a trust established by Sherlock Hibbs’ last will. Hibbs bequeathed $5 million to the Curators to create six endowments at the University of Missouri, with specific conditions for appointments of faculty that emphasized adherence to the Ludwig von Mises School of Economics. If any position remained unfilled for five years, the trust funds were to be distributed to Hillsdale College. Hillsdale, located in Michigan and a nonresident, filed a lawsuit in St. Louis County in 2017, claiming the Curators were not complying with the trust's terms. The Curators moved to change the venue to Boone County, asserting that St. Louis County was an improper venue. The circuit court denied this motion, prompting the Curators to seek a writ of mandamus from the Supreme Court. The Court found no proper venue in St. Louis County, thus making the preliminary writ of mandamus permanent and directing the circuit court to transfer the case to Boone County. The ruling emphasized the Court's jurisdiction to issue original remedial writs and the standards for granting mandamus, which requires a clear and specific right to be enforced. The Court noted that mandamus is appropriate to compel the performance of ministerial acts. Hillsdale's petition is contested by Curators, who assert it concerns trust administration rather than contractual rights, which mandates adherence to a specific venue statute, section 456.2-204(1), RSMo 2016, making Boone County the proper venue. Hillsdale argues for St. Louis County based on general venue statutes, either allowing suit in any county where Curators are found or treating Curators as nonresidents. However, the court finds Curators correct in their classification of the petition as trust-related, which encompasses actions for instructions and declarations of rights concerning trust administration, as outlined in section 456.2-201.3, RSMo Supp. 2004. The Decedent's bequest explicitly establishes a trust rather than a simple contractual obligation, indicating that funds are to be held in trust by Curators under specific conditions. The Missouri Uniform Trust Code applies, affirming the trust's nature and the proper venue for judicial proceedings regarding trust administration. Specific provisions in section 456.2-204.1 mandate that the venue for such cases is in the probate division of the circuit court where the trust is registered or could be registered, which, in this instance, is Boone County due to Curators' principal place of business. As such, the specific provisions of section 456.2-204 supersede the general venue statutes, leading to the conclusion that the circuit court must uphold Curators' motion to change venue to Boone County's probate division. The preliminary writ of mandamus is made permanent, with all parties concurring.