Jay Garrett and F. G. Garrett v. Sylvia L

Plaintiffs on May 11, 1979, filed their petition in the Circuit Court of Greene County to contest the will of Edith I. Willard, deceased. After a hearing held May 4, 1982, the court determined that service on all the defendants named in the action was not had in compliance with § 473.083.6, V.A.M.S. 1 and dismissed the plaintiffs' petition. Plaintiffs appealed. The original petition filed May 11, 1979, named as defendants only some of the beneficiaries. However, on August 17, 1979, or some 98 days after the original petition was filed, plaintiffs filed their first amended petition adding the previously omitted beneficiaries as parties defendants.