Beverly v. Beverly

A complaint was timely filed which contested the will of Clark L. Beverly, deceased, and named Sarah Beverly as defendant, in the caption, without further designation. Sarah Beverly was a devisee under the will, the surviving spouse, and the executrix named in the will. Only one service of summons was had upon Sarah Beverly and that was made without designating the capacity in which she was served.

After the statute of limitations had passed, Sarah Beverly as an individual filed a motion to dismiss the action on the ground that the court lacked jurisdiction in that the executrix (Sarah…