Cool v. Reed

BILLINGS, Judge.

Appeal by two heirs from the dismissal of their will contest action because it was barred by § 473.083, RSMo Supp.1984. The issue is whether an heir may constitutionally be barred from filing a will contest by the limitations provisions of § 473.083 when no actual notice has been given to the heir of admission of a will to probate and the consequent limited right of contest. No such notice is required to be given by the statute. As to appellant Cool modified; as to appellant Volpe, affirmed.

Alyee Michelson died on March 24, 1983. She was survived by a half-sister, Anny Reed, a…