Woodward v. Nyland

CROW, Judge.

Plaintiff, Linda L. Woodward, alleging she is the only child of Dorothy Masterson Sharp, deceased, filed this suit to contest the deceased’s will. Plaintiff named Laura E. Nyland (identified in the petition as the deceased’s half-sister and sole legatee) as defendant in her individual capacity and also in her official capacity as personal representative of the deceased.

Five months later, Defendant, individually and as personal representative, moved the trial court to dismiss the suit on the ground that she was not served with process within ninety days after the petition was…