Hindman v. Reaser

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-month period, in view of rule 270, Rules of Civil Procedure. We agree with the trial court that such an action so begun is subject to dismissal on motion.

Plaintiffs’ petition, filed June 24, 197)4, alleges Ine Heiken owned the realty in question; under his will, probated March 22, 1954, it passed in equal shares to his six surviving sons and…