Kane v. Mercantile Trust Co. National Association

STOCKARD, Commissioner.

This suit invokes a contest of the validity of the Will of Josephine B. Jones. After a previous opinion was adopted a rehearing was granted and the case resubmitted.

Plaintiffs’ petition was in two counts and was filed on September 10, 1970, naming the corporate executor and two hospitals as defendants. On December 3, 1970, the two hospitals filed a joint motion to dismiss Count I of the petition, which pertained to the contest of the will, on the ground that plaintiffs failed to secure and complete service of process on all necessary parties defendant within ninety days…