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5/24/2005

estamentary for individuals covered by the act. We believe this result is consistent with the intentions of Congress in enacting the statute.


Because the probate court did not receive evidence or render a factual finding on whether Perry actually served in the armed forces subsequent to his father's death and for what period of time, the cause must be reversed and remanded to the probate court for a hearing on that issue. See Worlow , 444 S.W.2d at 464. If the probate court determines that Perry served in the armed forces for a sufficient period of time after the death of his father for the tolling provisions of 50 App. U.S.C. section 526 to render timely the filing of his petition and application, the probate court is directed to reinstate Perry's petition for presentment and application for letters testamentary.


The cause is reversed and remanded for further proceedings consistent with this opinion.






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