Watson v. Watson

RENDLEN, Judge.

This case was transferred from the Kansas City District of the Court of Appeals after opinion and it is decided here “the same as on original appeal.” Mo.Const., Art. V, § 10. Portions of the appellate court opinion are adopted without quotation marks.

Herbert Watson, Executor of the Estate of George Henry Watson, deceased, was named as defendant in his representative capacity and also as an individual legatee in the body of a petition contesting decedent’s will. However the caption of the petition and the summons referred to Herbert only in his capacity as executor and failed…