Powell v. Ware

HOGAN, Judge.

This proceeding is an action to have a rejected will admitted to probate. It is therefore a “will contest” within the intent of § 473.083, RSMo 1978.1 The Circuit *825Court of Stone County dismissed the action upon the ground that service of process was not secured and completed upon all parties defendant within 90 days after the petition was filed, as required by § 473.083.5. The plaintiffs have appealed. We review only to determine whether there has been an abuse of discretion. Cole v. Smith, 370 S.W.2d 307, 309 (Mo.1963); Blatt v. Haile, 291 S.W.2d 85, 88 (Mo.1956).

Jennie Ford, a…