Missouri Elevator & Conveyance Licensing Law

Missouri Code · 24 sections

The following is the full text of Missouri’s elevator & conveyance licensing law statutes as published in the Missouri Code. For the official version, see the Missouri Legislature.

Mo. Rev. Stat. § 100.410

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 100.410

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Title VII CITIES, TOWNS AND VILLAGES

Chapter 100

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Effective - 28 Aug 1980

   

  100.410.   Property in a project, how disposed of. — Property in a project may be disposed of as follows:

  (1)  An authority may sell, lease, exchange or otherwise transfer real property, including land and improvements as provided for in the project, or any interest therein in a project area to any developer for industrial and commercial or related uses or for public use in accordance with the plan, subject to such covenants, conditions and restrictions as may be deemed to be in the public interest or to carry out the purposes of this law; provided that such sale, lease, exchange or other transfer, and any agreement relating thereto, may be made only after, or subject to, the approval of the plan by the governing body of the city.  Such real property shall be sold, leased or transferred at its fair value for uses in accordance with the plan notwithstanding such value may be less than the cost of such property to the authority.  In determining the fair value of real property for uses in accordance with the plan, an authority shall take into account and give consideration to the uses and purposes required by such plan; the restrictions upon, and the covenants, conditions and obligations assumed by, the developer of such property; the objectives of the plan for the prevention of the recurrence of blighted, insanitary or undeveloped industrial areas; and such other matters as the authority shall specify as being appropriate.  In fixing rentals and selling prices, an authority shall give consideration to appraisals of the property for such uses made by experts employed by the authority.

  (2)  An authority shall, by public notice published at least two times in a newspaper having a general circulation in its area of operation, prior to the consideration of any industrial development contract proposal, invite proposals from, and make available all pertinent information to, private industrial developers or any persons interested in undertaking the development of an area, or any part thereof, which the governing body has declared to be in need of industrial development.  Such notice shall identify the area and shall state that such further information as is available may be obtained at the office of the authority.  The authority shall consider all proposals and the financial and legal ability of the prospective developers to carry out their proposals and may negotiate with any industrial developer for proposals for the purchase or lease of any real property in the industrial clearance project area.  The authority may accept such industrial development contract proposal as it deems to be in the public interest and in furtherance of the purposes of this law; provided that the authority has, not less than thirty days prior thereto, notified the governing body in writing of its intention to accept such industrial development contract proposal.  Thereafter, the authority may execute such industrial development contract in accordance with the provisions of subdivision (1) of this section and deliver deeds, leases and other instruments and take all steps necessary to effectuate such industrial development contract.  In its discretion, the authority may, with regard to the foregoing provisions of this subdivision, dispose of real property in a project area to private developers for redevelopment under such reasonable competitive bidding procedures as it shall prescribe, subject to the provisions of subdivision (1).

  (3)  In carrying out a project, an authority may:

  (a)  Convey to the city such real property as, in accordance with the development plan, is to be laid out into streets, alleys and public ways, this power being additional to and not limiting any and all other powers of conveyance of property to cities expressed herein generally or otherwise;

  (b)  Grant servitudes, easements and rights-of-way for public utilities, sewers, streets and other similar facilities, in accordance with the plan; and

  (c)  Convey to the municipality, county or other appropriate public body such real property as, in accordance with the plan, is to be used for parks, schools, public buildings, facilities or other public purposes.

  (4)  An authority may temporarily operate and maintain real property in a project area pending the disposition of the property for industrial development, without regard to the provisions of subdivisions (1) and (2) above, for such uses and purposes as may be deemed desirable even though not in conformity with the plan.

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(L. 1967 p. 172 § 12, A.L. 1980 H.B. 1477)

---- end of effective  28 Aug 1980 ----

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Mo. Rev. Stat. § 100.510

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 100.510

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Title VII CITIES, TOWNS AND VILLAGES

Chapter 100

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Effective - 28 Aug 1967

   

  100.510.   Contracts with federal government, provisions for conveyance of project and land to federal government — authorized, reconveyance when. — In any contract for financial assistance with the federal government the authority may obligate itself, which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws, to convey to the federal government possession of or title to the project and land therein to which such contract relates which is owned by the authority, upon the occurrence of a substantial default, as defined in such contract, with respect to the covenants or conditions to which the authority is subject; such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted.

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(L. 1967 p. 172 § 22)

---- end of effective  28 Aug 1967 ----

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Mo. Rev. Stat. § 47.110

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 47.110

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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 47

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Effective - 28 Aug 1939

   

  47.110.   Deed to be executed. — The vendor or donor shall execute and deliver to the commissioners a good and sufficient deed or deeds conveying to the county the land or lands so sold or given, in fee simple, without reservation or condition, and shall also deliver an abstract of the title papers, deeds, conveyances and assurances, by or through which the title thereto is derived.

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(RSMo 1939 § 13740)

Prior revisions: 1929 § 12081; 1919 § 9481; 1909 § 3702

---- end of effective  28 Aug 1939 ----

                                   use this link to bookmark section  47.110





                            Effective dates prior to 1940 may not be the actual effective date. See FAQ 'When do laws become effective?'

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Mo. Rev. Stat. § 47.350

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 47.350

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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 47

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Effective - 28 Aug 1983

   

  47.350.   Transfer of unsettled accounts of personal representatives or conservators, when — procedure. — The courts in which the accounts of any such personal representative or conservator remain to be settled, upon good cause shown, may transfer such accounts to the proper court of the county in which such personal representative or conservator resides; in which case the clerk of such court shall make out a transcript of the records and copies of accounts and papers touching such administration or conservatorship, and cause the same to be transmitted by some safe conveyance to the clerk of the court to which the accounts are to be transferred; and the clerk receiving such papers shall file the same in his office, and proceedings shall be had thereon in all things in the court to which the accounts are transferred, as if they had originated in such court; and the party applying for such removal shall pay all costs for making out such transcript and copies and transmitting the same, before the same shall be delivered to be transmitted.

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(RSMo 1939 § 13695, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 12036; 1919 § 9438; 1909 § 3655

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 473.050

473.050 , then any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court which would be of proper venue for the administration of the estate of such decedent to determine the heirs of the decedent at the date of the decedent's death and their respective interests or interests as heirs in the estate.  The petition shall include all of the following known by, or can with reasonable diligence be ascertained by, the petitioner:

  (1)  The name, age, domicile, last residence address and the fact and date of death of the decedent;

  (2)  The names, relationship to the decedent and residence addresses of the heirs of the decedent at the time of the decedent's death;

  (3)  The names and residence addresses of any persons claiming through an heir of the decedent when such heir has died after the decedent;

  (4)  A particular description of the property of the decedent in this state with respect to which the determination is sought and the value of such property.

  2.  Upon the filing of the petition, the court shall set the time for the hearing of the petition, notice of which shall be given to:

  (1)  All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;

  (2)  All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest in such real property through the heirs of the decedent; and

  (3)  Any unknown heirs of the decedent.

  3.  The notice shall be given by publication by publishing the notice once each week for four consecutive weeks, the last insertion of publication to be at least seven days before the date set for the hearing.  In addition, notice under subdivision (1) of subsection 2 of section

Mo. Rev. Stat. § 473.277

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 473.277

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1955

   

  473.277.   Compromise of debts due estate. — When it appears for the best interest of the estate, the executor or administrator, on order of the court, may effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate.  If the executor or administrator holds a mortgage, pledge or other lien upon property of another person, he may accept, in lieu of foreclosure, a conveyance or transfer of the encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien, if it appears for the best interest of the estate and if the court so orders.  In the absence of prior authorization or subsequent approval of the court, no compromise binds the estate.

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(L. 1955 p. 385 § 110)

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.310

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 473.310

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1983

   

  473.310.   Specific execution of contract of decedent, court order — warranties — conveyance or lease under will. — 1.  If the court, after hearing all parties, believes that specific execution of such contract ought to be made, it shall make an order that the personal representative execute and deliver an instrument of conveyance to the person entitled thereto upon performance of the contract.

  2.  The deed of conveyance shall refer in apt and appropriate terms to the order of court under which it is made, shall convey the property according to the order and shall be acknowledged by the personal representative.  If the contract for a conveyance requires the giving of warranties, the deed to be given by the personal representative shall contain the warranties required.  Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.

  3.  If a personal representative has been given power by will to make a conveyance or lease, he may execute, in lieu of the foregoing procedure, and without order of the court, a conveyance or lease to the person entitled thereto upon performance of the contract.

  4.  The deed made under this section is as effectual as if it had been executed by the decedent.

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(RSMo 1939 §§ 171, 172, 173, A.L. 1955 p. 385 § 120, A.L. 1980 S.B. 637, A.L. 1983 H.B. 369)

Prior revisions: 1929 §§ 172, 173, 174; 1919 §§ 171, 172, 173; 1909 §§ 180, 181, 182

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 473.370

473.370 , all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division of the circuit court within six months after the date of the first published notice of letters testamentary or of administration or, if notice was actually mailed to, or served upon, such creditor, within two months after the date such notice was mailed, or served, whichever later occurs, or which are not paid by the personal representative, within six months after the first published notice of letters testamentary or of administration, are forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent.  No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.  This six-month period does not extend any other applicable limitation periods.

  2.  Unless written notice of actions instituted or revived under section

Mo. Rev. Stat. § 473.444

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 473.444

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 13 Jul 1989 , see footnote    

  473.444.   Limitations on filing claims — when claims barred. — 1.  Unless otherwise barred by law, all claims against the estate of a deceased person, other than costs and expenses of administration, exempt property, family allowance, homestead allowance, claims of the United States and claims of any taxing authority within the United States, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, which are not filed in the probate division, or are not paid by the personal representative, shall become unenforceable and shall be forever barred against the estate, the personal representative, the heirs, devisees and legatees of the decedent one year following the date of the decedent's death, whether or not administration of the decedent's estate is had or commenced within such one-year period and whether or not during such period a claimant has been given any notice, actual or constructive, of the decedent's death or of the need to file a claim in any court.  No contingent claim based on any warranty made in connection with the conveyance of real estate is barred under this section.

  2.  Nothing in this section affects or prevents any action or proceeding to enforce any mortgage, pledge or other lien upon property of the estate; except that attachment, judgment, and execution liens shall be enforced as provided in this law and not otherwise.

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(L. 1989 H.B. 145)

Effective 7-13-89

(2004) Department of Social Services is a "taxing authority" exempt from one-year limit for filing reimbursement claims against a decedent's estate.  In re Cahill, 131 S.W.3d 859 (Mo.App.S.D.).

(2010)  Section is self-executing and does not require sufficient state involvement to implicate due process protections.  State ex rel. Houska v. Dickhaner, 323 S.W.3d 29 (Mo.banc).

---- end of effective  13 Jul 1989 ----

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Mo. Rev. Stat. § 473.457

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1955

   

  473.457.   Sale of property under power in will. — 1.  The sale and conveyance of property under a will shall be made by the acting executor or administrator with the will annexed, if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.

  2.  Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein designated, the court may direct the exercise thereof by a successor executor or administrator or by some other person.  The court has full power to supervise the exercise of such powers and to make such orders as are necessary to effectuate the will of testator.

  3.  When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine.

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(RSMo 1939 § 132, A.L. 1955 p. 385 § 168)

Prior revisions: 1929 § 133; 1919 § 132; 1909 § 141

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.460

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 01 Jan 1981 , see footnote    

  473.460.   Purposes for which property may be sold, mortgaged, leased or exchanged. — 1.  Real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order for any of the following purposes:

  (1)  For the payment of claims allowable against the estate;

  (2)  For the payment of any allowance made to the surviving spouse and minor children of a decedent;

  (3)  For the payment of any legacy given by the will of the decedent;

  (4)  For the payment of expenses of administration including court costs;

  (5)  For the payment of any gift, estate, inheritance or transfer taxes assessed upon the transfer of the estate or due from the decedent or his estate;

  (6)  For any other purpose in the best interests of the estate; or if it would be burdensome to the heirs or devisees to distribute the personal property or the real estate in kind.

  2.  Real and personal property may be sold or mortgaged under order of the court when necessary for the purpose of making distribution of the estate or any part thereof.

  3.  Personal property of the estate shall be exhausted before real estate is ordered sold for the payment of the obligations of the estate unless the court otherwise orders.

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(L. 1955 p. 385 § 169, A.L. 1957 p. 829, A.L. 1965 p. 636, A.L. 1980 S.B. 637)

Effective 1-1-81

CROSS REFERENCES:

Conveyances to urban redevelopment corporation, when, 353.120

Homestead allowance, property not to be sold, when, 474.290

(1963) Subdivision (6) does not apply to situations of concern only to heirs and therefore neither the fact that it is desirable to sell the land because it cannot be satisfactorily partitioned in kind nor the fact that the real estate would bring a better price at a private sale by an administrator could make "necessary" the sale of real estate under subdivision (6). McIntosh v. Connecticut General Life Insurance Co. (Mo.), 336 S.W.2d 409.

(1974) Held that failure to allege facts in support of statutory grounds for sale of property does not deprive probate court of jurisdiction. Coons v. Stokes (A.), 514 S.W.2d 33.

---- end of effective  01 Jan 1981 ----

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Mo. Rev. Stat. § 473.480

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 473.480

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1955

   

  473.480.   Validity of proceedings. — No proceedings for sale, mortgage, lease, exchange or conveyance by an executor or administrator of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings if the court which ordered the same had jurisdiction of the estate.

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(L. 1955 p. 385 § 175)

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.510

473.510 .  Upon such sale, if the surviving spouse is the high bidder, the amount of the homestead allowance shall be credited against the purchase price.  Within ten days after such sale a report of the sale shall be filed and upon approval of the report by the court, the personal representative shall execute, acknowledge and deliver a conveyance to the purchaser according to the order of approval which in form and substance shall be the same as that provided for in subsection 2 of section

Mo. Rev. Stat. § 473.513

473.513 , the executor or administrator shall execute, acknowledge and deliver a conveyance to the grantee or mortgagee or a lease to the lessee according to the order of approval.

  2.  In case of a sale or mortgage, the conveyance shall refer in apt and appropriate terms to the order of sale or mortgage and the court by which it was made, the certificate of appraisement, the advertisement, the time and place of sale, the report of the proceedings and order of approval thereof by the court, and the consideration and conveying or mortgaging to the grantee or mortgagee all the right, title and interest which the decedent had in the same.

  3.  In case of a lease, the lease shall contain like information and shall grant to the lessee possession and use of all the right, title and interest which decedent had in the demised premises.

  4.  Such deed, mortgage or lease shall convey to the grantee, or mortgagee, or lessee all the right, title and interest which the decedent had in such real estate at the time of his death, in accordance with its terms, and be evidence of the facts therein recited.

­­--------

(RSMo 1939 § 164, A.L. 1955 p. 385 § 187)

Prior revisions: 1929 § 165; 1919 § 164; 1909 § 173

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 473.520

473.520 .  Such conveyance or lease shall be executed accordingly and has the same effect to all intents and purposes as if made by the personal representative who made the sale, exchange, mortgage or lease of the real estate.

­­--------

(RSMo 1939 § 166, A.L. 1955 p. 385 § 188, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 167; 1919 § 166; 1909 § 175

Effective 1-01-81

---- end of effective  01 Jan 1981 ----

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Mo. Rev. Stat. § 473.810

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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  473.810.   Powers and duties of independent personal representative. — Except as restricted or otherwise provided by the will, an independent personal representative, acting reasonably for the benefit of the interested persons, may properly:

  (1)  Retain assets owned by the decedent pending distribution or liquidation, including those in which the representative is personally interested or which are otherwise improper for trust investment;

  (2)  Receive assets from fiduciaries or other sources;

  (3)  Perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances.  In performing enforceable contracts by the decedent to convey or lease land, the independent personal representative, among other possible courses of action, may do either of the following:

  (a)  Execute and deliver a deed of conveyance for cash payment of all sums remaining due or for the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land;

  (b)  Deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement;

  (4)  If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally;

  (5)  Make ordinary repairs to buildings or other structures;

  (6)  Vote stocks or other securities in person or by general or limited proxy;

  (7)  Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

  (8)  Hold a security in the name of a nominee, or in other form, without disclosure of the interest of the estate; but the independent personal representative is liable for any act of the nominee in connection with the security so held;

  (9)  Insure the assets of the estate against damage, loss, and liability, and himself against liability as to third persons;

  (10)  Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of an obligation owing to the estate.  If the independent personal representative holds a mortgage, pledge, or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;

  (11)  Pay taxes, assessments, compensation of the independent personal representative, and other expenses incident to the administration of the estate;

  (12)  Sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

  (13)  Allocate items of income or expense to either estate income or principal, as permitted or provided by law;

  (14)  Employ persons, including attorneys, auditors, investment advisors, or agents, to advise or assist the independent personal representative in the performance of his administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

  (15)  Prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the independent personal representative in the performance of his duties;

  (16)  Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances;

  (17)  Continue any unincorporated business or venture in which the decedent was engaged at the time of his death (a) in the same business form for a period of not more than four months from the date of appointment of a general independent personal representative, if continuation is a reasonable means of preserving the value of the business including good will; (b) in the same business form for any additional period of time that may be approved by order of the court in a proceeding to which the persons interested in the estate are parties; or (c) throughout the period of administration if the business is incorporated by the independent personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate;

  (18)  Incorporate any business or venture in which the decedent was engaged at the time of his death;

  (19)  Provide for exoneration of the independent personal representative from personal liability in any contract entered into on behalf of the estate;

  (20)  Satisfy and settle claims, and distribute the estate, as provided in this code.

­­--------

(L. 1980 S.B. 637)

Effective 1-01-81

CROSS REFERENCE:

Multinational banks, securities and obligations of, investment in, when, 409.950

---- end of effective  01 Jan 1981 ----

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Mo. Rev. Stat. § 473.811

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

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Effective - 28 Aug 1983

   

  473.811.   Dealing in good faith for value with independent representative protected — no duty to inquire — liability of independent personal representative. — 1.  A person who in good faith deals with an independent personal representative for value is protected as if the independent personal representative properly exercised his power.  The fact that a person knowingly deals with an independent personal representative does not require the person to inquire into the existence of a power or the propriety of its exercise.

  2.  No conveyance or transfer by the independent personal representative to a bona fide purchaser for a valuable consideration shall be set aside on the ground that the independent personal representative was not acting reasonably for the benefit of interested persons.  Interested persons may recover from the independent personal representative any damages occasioned by failure of the independent personal representative to act reasonably for the benefit of interested persons.

­­--------

(L. 1983 H.B. 369)

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 474.130

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

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Effective - 28 Aug 1955

   

  474.130.   Estate conveyed determines on failure of contractual bar. — When any deed, conveyance, assurance, agreement or contract in lieu of the inheritance or other statutory rights of a spouse, through any default, fails to be a legal bar to such rights and the surviving spouse demands his inheritance and statutory rights, then the estate and interest so conveyed to the surviving spouse ceases and determines.

­­--------

(RSMo 1939 § 336, A.L. 1955 p. 385 § 249)

Prior revisions: 1929 § 336; 1919 § 332; 1909 § 364

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 474.290

474.290 , except that he may not, without court authorization, set the family allowance at more than a lump sum of six thousand dollars or periodic installments in excess of five hundred dollars per month for one year.  The independent personal representative, or any person aggrieved by any determination, finding, authorization, allowance, conveyance, payment, partition, delivery or other act, or by failure to act, under this section, may petition the court for appropriate relief, which relief may provide a family allowance larger or smaller than that which the independent personal representative determined or could have determined.

­­--------

(L. 1980 S.B. 637)

Effective 1-01-81

---- end of effective  01 Jan 1981 ----

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Mo. Rev. Stat. § 474.480

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

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Effective - 28 Aug 1955

   

  474.480.   Devise deemed to convey fee simple, when. — In all devises of lands or other estate in this state, in which the words "heirs and assigns", or "heirs and assigns forever", are omitted, and no expressions are contained in the will whereby it appears that the devise was intended to convey an estate for life only, and no further devise is made of the devised premises, to take effect after the death of the devisee to whom the same is given, it shall be understood to be the intention of the testator thereby to devise an absolute estate in the same, and the devise conveys an estate in fee simple to the devisee, for all of the devised premises.

­­--------

(RSMo 1939 § 564, A.L. 1955 p. 385 § 277)

Prior revisions: 1929 § 563; 1919 § 551; 1909 § 579

(1957) Where will devised residue absolutely to testator's widow and then in a subsequent paragraph expressed the "wish and desire" that she will the part devised which remained at her death to his heirs, widow had fee simple estate.  Thompson v. Smith (Mo.), 300 S.W.2d 404.

(1959) Devise to mother and sister of testatrix "as joint tenants with right of survivorship" held to evidence intention to devise to the two a joint estate for life with remainder to the survivor, so that conveyance of one-half of estate by one of the joint tenants could not affect the right of survivorship granted to the other. Hunter v. Hunter (Mo.), 320 S.W.2d 529.

(1964) Where testator devised residue of property to wife "the same shall be her property as long as she remain a single person" and provided for no gift over in the event wife died without having remarried, court held that wife received a determinable life estate, that quoted words were words of limitation and not of condition and that the gift over in event of remarriage of wife took effect on death of wife. Buschmeyer v. Eikermann (Mo.), 378 S.W.2d 468.

---- end of effective  28 Aug 1955 ----

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Mo. Rev. Stat. § 475.245

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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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Effective - 28 Aug 1983

   

  475.245.   Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when. — 1.  Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser thereof deeds of conveyance for the same, referring in apt and appropriate terms to the order of the court, the advertisement and appraisement and description of the real estate, the time, place and terms of sale, and the payment of the purchase money, and conveying to the purchaser all the right, title and interest of the protectee in the real estate sold.  The recitals in the deed are prima facie evidence of the facts stated therein.

  2.  If any conservator, because of death, removal or other cause, fails to complete any sale, or make the deed, his successor, or if there be none, then the sheriff of the county, on order of the court, shall complete the sale or make the deed.

  3.  All deeds and conveyances executed by conservators shall be acknowledged and recorded as other instruments conveying real estate, and with like effect, and, when so acknowledged, shall be received in evidence in all courts of this state without further proof.

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(RSMo 1939 §§ 408, 409, A.L. 1955 p. 385 § 330, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 408, 409; 1919 §§ 404, 405; 1909 §§ 434, 435

---- end of effective  28 Aug 1983 ----

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Mo. Rev. Stat. § 475.250

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Chapter 475

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  475.250.   Effect of conveyance. — Every conveyance, mortgage, lease and assurance made under the order of the probate division of a circuit court, pursuant to the provisions of this law, is as valid and as effectual as if the same had been executed by a person of full age and of sound mind.

­­--------

(RSMo 1939 § 483, A.L. 1955 p. 385 § 331, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 484; 1919 § 480; 1909 § 510

Effective 1-02-79

---- end of effective  02 Jan 1979 ----

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Mo. Rev. Stat. § 486.100

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Title XXXII COURTS

Chapter 486

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Effective - 28 Aug 1939

   

  486.100.   Appointment — powers generally. — The governor may appoint and commission in any other state, in the District of Columbia, in each of the territories of the United States, and in any foreign country, one or more commissioners, who shall continue in office during the pleasure of the governor, and shall have authority to take relinquishments of dower of married women, the acknowledgment or proof of the execution of any deed or other conveyance, or lease of any lands lying in this state, or of any contract, letters of attorney, or of any other writing, under seal or note, to be used and recorded in this state; and such commissioners appointed for any foreign country shall also have authority to certify to the official character, signature or seal of any officer within their district, who is authorized to take acknowledgments or declarations under oath.

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(RSMo 1939 § 13382)

Prior revisions: 1929 § 11760; 1919 § 2138; 1909 § 2701

---- end of effective  28 Aug 1939 ----

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Mo. Rev. Stat. § 513.500

513.500

* affects homestead rights heretofore vested in any surviving spouse or minor children.

­­--------

(L. 1955 p. 385 § 138, A.L. 1957 p. 829, A.L. 1961 p. 653, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B. 494)

Effective 5-23-96

*Sections "513.495 and 513.500" were both repealed by L. 1957 p. 292 § 1.

(1960) Where widow selected the only asset in the estate consisting of real estate of a value of twice the amount of the homestead allowance, she was entitled to a conveyance of an appropriate interest in the real estate but not to a fee simple conveyance subject to lien for the difference in value. In re Estate of Walton (Mo.), 330 S.W.2d 834.

(1960) Where widow selected an interest in specific real estate as her homestead allowance and an undivided interest therein was conveyed to her, such interest was subject to partition.  Wyatt v. Bauer (A.), 332 S.W.2d 301.

---- end of effective  23 May 1996 ----

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