STATE EX REL. MUELLER v. MURPHY

No. 53270.

738 S.W.2d 122 (1987)

STATE of Missouri, ex rel., Fred MUELLER, personal representative of the estate of Emmett F. Hoctor, Relator, v. The Honorable Stanley J. MURPHY Judge of the Circuit Court of St. Francois County, State of Missouri, Division 1, Respondent.

Missouri Court of Appeals, Eastern District.

Rehearing Denied October 6, 1987.


Attorney(s) appearing for the Case

Jerome F. Raskas, St. Louis, for relator.

David L. Colson, Farmington, for respondent.


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....

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