Bosworth v. Sewell

For the reasons following, I can do no more than concur in the result reached by the principal opinion.

The principal opinion overrules Haas v. Haas, 504 S.W.2d 44 (Mo.1973), concluding that the failure to give actual notice as required by section 473.033, RSMo 1994, tolls the running of the statute of limitations for actions to contest a will, section 473.083.1, RSMo 1994, at least until the probate estate is closed. I find no fault in Haas. Indeed, Ham acknowledges what the principal opinion ignores: The right to contest a will is purely statutory. Section 473.083.1 admits no exceptions to…