Schwarz v. Stemme

I respectfully dissent.

Section 473.340(4) (1986) mandates that a court “order the joinder of the personal representative if he is not named as a party.” See also Estate of Pilla, 735 S.W.2d 103, 104 (Mo.App., E.D.1987). Appellants in the case before us named as parties to the action the personal representatives of Walter Bloemker’s estate in their individual capacity. I believe this satisfied the requirements of the statute. For, RSMo § 473.340(4) (1986) does not state that personal representatives must be named in their representative capacity. This court is not permitted to add provisions…