State ex rel. Mueler v. Murphy

SMITH, Judge.

Relator sought a writ of prohibition to prevent respondent from proceeding in a will contest because of failure of plaintiffs to obtain service on a named defendant in the suit. That defendant was a legatee under the will under attack and therefore a person whose interest would be adversely affected by the result of the will contest. He was therefore a necessary party. See Sec. 473.083.3 RSMo 1986.

The will contest was filed on November 5, 1986. Plaintiffs filed an affidavit for service by mail as to six defendants including Leonard Hoctor residing at 3723 “W” Street, Omaha, Neb.…