Matter of Estate of Bearbower

OXBERGER, Chief Judge.

The plaintiffs appeal from the trial court’s refusal to reinstate their petition which was dismissed for failure to prosecute the action pursuant to Iowa Rule of Civil Procedure 215.1. We reverse the trial court.

The petition brought by plaintiffs, the heirs of the decedent, contains three counts attacking decedent’s will. The defendants are the individuals receiving the bulk of the inheritance under the will and codicil. Three counts are alleged in the petition which was filed May 27, 1983. Count one claims that the witnesses to the will were not competent. Count two…