State Ex Rel. O'Connell v. Crandall

REINHARD, Judge.

Relator requests that this court make permanent a Writ of Prohibition, issuing to the Judge of Division One of the Circuit Court. Prohibition is sought in connection with a suit to contest the purported will of John P. McIntyre, Sr. As grounds therefore, relator argues respondent exceeded his jurisdiction in overruling relator’s Motion to Dismiss in that plaintiffs below failed to serve within ninety (90) days, without good cause, a party defendant in the will contest action, as required by § 473.083(4), RSMo Supp.1973.

The will of the deceased was admitted to probate on or…