Foster v. Foster

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 which sets out the procedure in will contest actions and provides:

“4. In any such action the petitioner shall proceed diligently to secure…