Epperson v. Sheldon

RONALD M. BELT, Special Judge.

Plaintiff, Dorothy Epperson, appeals from the trial court’s judgment sustaining defendants’, John C. Sheldon, et al., motion to dismiss an action to contest a will because of failure to obtain service on a necessary party within the 90-day time required by § 473.083.6.1

Epperson’s petition, filed March 22,1984, contested a will of Bessie Dusher dated March 16, 1961, and asked that a will of Bessie dated March 14, 1977, be admitted to probate. In the will dated March 16, 1961, Mabel Weidman was named as a legatee, if she survived Ms. Dusher.

Upon filing of the will…