Dickson v. Dickson

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 dismiss was filed, to which was attached a copy of the Will of Jess Dickson. Admittedly, this will was the source of title of both plaintiffs and…