Vanderbeck v. Watkins

SEILER, Judge.

This is an appeal by plaintiff from the action of the trial court in sustaining defendant executrix’ motion for summary judgment on the ground service of process was not obtained on the executrix within nine months after the first published notice of letters, citing Sections 473.360 and 473.367, as amended by Laws 1959 (all statutory references are to V.A.M.S.). The sequence of events is as follows:

1. Plaintiff was injured October 12, 1959.

2. Defendant’s decedent died December 31, 1961.

3. Defendant was appointed executrix January 10, 1962.

*2754. First publication of notice of letters…