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ROOT v. ENGLAND

No. WD 70351.

291 S.W.3d 834 (2009)

Carolyn ROOT, et al., Appellants, v. Robert ENGLAND, et al., Respondents.

Missouri Court of Appeals, Western District.

August 4, 2009.

Attorney(s) appearing for the Case

James A. Rahm, Carrollton, MO, Attorney for Appellants, Carolyn Root, Terry L. Mabrey, and Shirley Gotmer.

Donald G. Stouffer and Joby Jason Raines, Marshall, MO, Attorneys for Respondents, Robert England Charles "Chuck" Mabrey, and Laura Toy.

Jill Harriman Lilleman, Marshall, MO, Attorney for Respondent, Ronnie van Buskirk.

Before Division Two: VICTOR C. HOWARD, Presiding Judge, JOSEPH M. ELLIS, Judge, and MARK D. PFEIFFER, Judge.

MARK D. PFEIFFER, Judge.

Plaintiffs appeal the judgment of the Circuit Court of Saline County, dismissing their petition to contest the validity of the will of Charles Junior Mabrey. In its judgment, the trial court concluded that appellants failed to show good cause for their failure to obtain service of process on all defendants within the statutory ninety-day period, as required by section 473.083.6, RSMo 2000.1

Appellants contend...

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