DICKSON v. DICKSON

No. KCD30636.

591 S.W.2d 267 (1979)

Nancy DICKSON, Tommy Dickson, Jimmy Dickson, Gene Dickson, Larry Dickson, and Esther Coffman, Plaintiffs-Appellants. v. Floyd DICKSON, Melba Whitney, Candy Dassero, and Peggy Benkey, Defendants-Respondents.

Missouri Court of Appeals, Western District.

December 3, 1979.


Attorney(s) appearing for the Case

James A. Rahm, Carrollton, for plaintiffs-appellants.

Christian F. Stipp, David Thomas, Stipp & Thomas, Carrollton, for defendants-respondents.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.


DIXON, Presiding Judge.

Plaintiffs appeal a trial court order dismissing a petition for partition of real estate on defendants' motion.

The sole issue which requires decision is whether partition is barred, pursuant to § 528.130 RSMo 1978, under the will by which plaintiffs and defendants acquired title.

Before recitation of the facts, a preliminary procedural issue needs resolution. After plaintiffs' petition was filed, defendants' motion to...

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