Taylor v. Coe

FLANIGAN, Presiding Judge.

This is an action to contest the will of Inez Catanya Hutchins, deceased, pursuant to the procedure set forth in § 473.083. 1 Plaintiffs would take by intestacy if the action succeeded. Defendants are beneficiaries named in the will. On motion of a defendant the circuit court dismissed the action for non-joinder of a necessary party. Plaintiffs appeal.

On February 4, 1980, Inez Hutchins, a resident of Barry County, Missouri, died in California while visiting her cousin, Ruth Putcamp (“Ruth”), who lived there. Ruth, who was named as a legatee in the will, left no…