FOSTER v. FOSTER

No. 38388.

565 S.W.2d 193 (1978)

Erie (Jack) FOSTER, Plaintiff-Appellant, v. Helen M. FOSTER, Deceased, et al., Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division Four.

April 18, 1978.


Attorney(s) appearing for the Case

Lashly, Neum & Johnson, P. W. Lashly, St. Louis, for plaintiff-appellant.

Donald E. Walter, Arnold, George Curran, St. Louis, Kurt D. Breeze, Pannell, Dodson & Robinson, Festus, for defendants-respondents.


DOWD, Presiding Judge.

In this will contest action, the trial court dismissed plaintiff's petition because of plaintiff's failure to obtain service on a necessary party-defendant for a period over 26 months, when the statute required service within 90 days. The Court found that the plaintiff failed to show "good cause" in not fulfilling the statutory requirement. Plaintiff appeals. We affirm.

The statute governing this case is Section 473.083(4) RSMo 1969...

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