Shaffer v. Cochenour

GUNN, Presiding Judge.

This appeal, involving a will contest, is from a judgment of the circuit court of Scotland County dismissing count I of plaintiffs’ petition for failure to join and serve all necessary parties within the statu tory period as required by § 473.083. 1 Appellants argue that the trial court erred in sustaining respondents’ motion to dismiss, in that all necessary parties were joined within the statutory time limits, although prior to trial one party was granted a voluntary dismissal and was not subsequently rejoined. We reverse and remand.

The testator, Earl Cochenour, died…