Forester v. Roddy

HENRY J. WESTHUES, Special Commissioner.

This is an appeal from an order of the Circuit Court of the City of St. Louis refusing to set aside an order dismissing plaintiffs’ petition. Plaintiffs filed a petition on November 24, 1965, seeking to have a will set aside.

Section 473.083, V.A.M.S., provides that in will contest cases service of summons must be “secured and completed” within sixty days after the petition is filed. In this case plaintiffs did not complete service on all of the defendants until February 23, 1966. A motion to dismiss was filed on January 27, 1966. On April 6, 1966, the…