GARFIELD, Justice.
The question for decision is whether an action to partition real estate owned by a decedent on whose estate probate is pending, begun less than six months after notice of the executor's appointment, may be dismissed on motion submitted during the six-months period, in view of rule 270, Rules of Civil Procedure, 58 I.C.A. We agree with the trial court that such an action so begun is subject to dismissal on motion.
Plaintiffs' petition, filed...
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