The Servicemembers Civil Relief Act (SCRA) was enacted by Congress "to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service." To this end, the SCRA prevents any period of military service from being "included in computing any period limited by law, regulation, or order . . . by or against the servicemember or the servicemember's heirs, executors, administrators, or assigns." In State ex rel. Estate of Perry v. Roper, the Court of Appeals for the Western District of Missouri applied the SCRA to prevent the application of a "special" statute of limitations contained in Missouri's Probate Code. This note examines the court's decision and the policy implications thereof in light of the history of the SCRA and Missouri Revised Statutes section 473.050, the statute of limitations on presentment of wills under Missouri law.
Alfred J. Ludwig,
Special Statutes of Limitation and the Servicemembers Civil Relief Act: Case Closed,
71 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss3/7