reglab/housing_qa huggingface dataset:
MO Rev Stat § 474.380 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.380 - Probate of foreign wills.

Effective - 28 Aug 1955   474.380. Probate of foreign wills. — Any will admitted to probate in any state, territory or district of the United States, together with the order admitting the same to probate therein, authenticated according to act of congress, shall be admitted to probate in this state in any county where real estate is affected thereby, or filed in the office of the recorder of deeds in such county. All wills so authenticated, admitted to probate in any county, or filed for record in any recorder's office, give notice thereof, and they, or certified copies thereof, shall be admitted as evidence in all courts in this state. When any will is admitted to probate in this state under this section a certified copy thereof, under official seal, made by the judge or clerk, or, in case the same is filed in the office of the recorder of deeds, a copy of the record thereof, and order admitting it to probate, duly authenticated, may be filed in any other county in this state where real estate is thereby affected, with like effect as if originally filed therein. ­­-------- (RSMo 1939 § 553, A.L. 1955 p. 385 § 267)  Prior revisions: 1929 § 552; 1919 § 540
MO Rev Stat § 474.382 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.382 - Wills and trusts, English translation required, costs.

Effective - 28 Aug 1998   474.382. Wills and trusts, English translation required, costs. — All wills and estates shall have an official English translation to ensure the accurate execution of such documents. If no such translation is provided at the time of probate, the court with jurisdiction shall make such arrangements as necessary to create an English translation. The reasonable costs associated with document translation shall be reimbursed from the estate or trust or both, as provided in the trust agreement, testamentary document, or as allocated by the court. ­­-------- (L. 1998 S.B. 583 & 645 § 5)
MO Rev Stat § 474.390 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.390 - Contest of foreign will.

Effective - 28 Aug 1955   474.390. Contest of foreign will. — Any will admitted to probate or recorded under section 474.380 thereafter may be contested and annulled, within the same time, and in the same manner, as wills executed and proved in this state. ­­-------- (RSMo 1939 § 554, A.L. 1955 p. 385 § 268)  Prior revisions: 1929 § 553; 1919 § 541; 1909 § 569
MO Rev Stat § 474.395 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.395 - No-contest clauses, application of, petition may be filed — definition.

Effective - 28 Aug 2014   474.395. No-contest clauses, application of, petition may be filed — definition. — 1. If a will contains a no-contest clause, an interested person may file a petition with the court for a determination whether a particular motion, petition, action, or other claim for relief by the interested person would trigger application of the no-contest clause or would otherwise trigger a forfeiture that is enforceable under applicable law and public policy, which application would be adjudicated in the manner prescribed in section 456.4-420, and subject to the provisions set forth therein.  2. For purposes of this section, a "no-contest clause" shall mean a provision in a will purporting to rescind a donative transfer to, or a fiduciary appointment of, any person who institutes a proceeding challenging the validity of all or part of the will, or that otherwise effects a forfeiture of some or all of an interested person's beneficial interest in the estate as a result of some action taken by the beneficiary. This definition shall not be construed in any way as determining whether a no-contest clause is enforceable under applicable law and public policy in a particular factual situation. As used in this section, the term "no-contest clause" shall also mean an "in terrorem clause". ­­-------- (L. 2014 H.B. 1231 merged with S.B. 500 merged with S.B. 621)
MO Rev Stat § 474.400 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.400 - Revocation of wills.

Effective - 28 Aug 1955   474.400. Revocation of wills. — No will in writing, except in the cases herein mentioned, nor any part thereof, shall be revoked, except by a subsequent will in writing, or by burning, cancelling, tearing or obliterating the same, by the testator, or in his presence, and by his consent and direction. ­­-------- (RSMo 1939 § 521, A.L. 1955 p. 385 § 269)  Prior revisions: 1929 § 520; 1919 § 508; 1909 § 538  (1961) In proceeding to contest will on ground proposed will had been revoked by later will, the burden was on the contestants to show execution of later will and that it either expressly revoked the proposed will or that its provisions were so inconsistent with the prior will as to revoke the former will by implication. Yates v. Jeans (A.), 345 S.W.2d 657. (1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647.
MO Rev Stat § 474.410 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.410 - Revocation of subsequent will also revokes first will — exception.

Effective - 01 Jan 1981   474.410. Revocation of subsequent will also revokes first will — exception. — 1. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 474.400, the first will is revoked in whole or in part, unless it is evident from the circumstances of the revocation of the second will or from testator's contemporary or subsequent declarations that he intended the first will to take effect as executed.  2. If a second will, which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect. ­­-------- (RSMo 1939 § 525, A.L. 1955 p. 385 § 270, A.L. 1980 S.B. 637)  Prior revisions: 1929 § 524; 1919 § 513; 1909 § 543  Effective 1-01-81  (1961) Where will gave to the surviving spouse such part of his estate as under the laws of the state his wife would be entitled, she would receive such part under the will notwithstanding that the parties had entered into a property settlement the day before the decedent died contemplating a divorce between them. Crist v. Nesbit (A.), 352 S.W.2d 53. (1964) This statute held to have revoked reciprocal wills of husband and wife which were executed and a divorce obtained prior to effective date of the statute where part performance on part of wife of alleged parol agreement to keep wills in force and not revoke them was insufficient to remove alleged oral agreement from operation of statute of frauds and the application of this revocation section. Rookstool v. Neaf (Mo.), 377 S.W.2d 402.
MO Rev Stat § 474.420 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.420 - Change in circumstances — divorce.

Effective - 28 Aug 1955   474.420. Change in circumstances — divorce. — If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked but the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce. With this exception, no written will, nor any part thereof, can be revoked by any change in the circumstances or condition of the testator. ­­-------- (L. 1955 p. 385 § 271)
MO Rev Stat § 474.425 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.425 - Property given by testator during life treated as satisfaction of devise, when — valuation.

Effective - 01 Jan 1981   474.425. Property given by testator during life treated as satisfaction of devise, when — valuation. — Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purpose of partial satisfaction, property given during the testator's lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first. ­­-------- (L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.430 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.430 - Court to conform to directions of will.

Effective - 28 Aug 1955   474.430. Court to conform to directions of will. — All courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them. ­­-------- (RSMo 1939 § 568, A.L. 1955 p. 385 § 272)  Prior revisions: 1929 § 567; 1919 § 555; 1909 § 583  (1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234. (1960) There is a strong presumption against partial intestacy but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's Estate (Mo.), 338 S.W.2d 44. (1963) Where testator devised all the remainder of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received fee simple title to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215.  1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a vested remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187. (1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303. (1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be ambiguous they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.
MO Rev Stat § 474.435 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.435 - Class gift terminology includes certain persons and relationships, how determined.

Effective - 01 Jan 1981   474.435. Class gift terminology includes certain persons and relationships, how determined. — Halfbloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession. ­­-------- (L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.440 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.440 - Bond to convey does not revoke devise.

Effective - 28 Aug 1955   474.440. Bond to convey does not revoke devise. — A bond, covenant or agreement made for a valuable consideration, by a testator, to convey any property devised or bequeathed in any last will previously made, does not constitute a revocation of the previous devise or bequest, either in law or equity; but the property passes by the devise or bequest, subject to the same remedies on the bond, covenant or agreement, for specific performance or otherwise, against the devisees or legatees, as might be had by law against the heirs of the testator, or his next of kin, if the same had descended to them. ­­-------- (RSMo 1939 § 523, A.L. 1955 p. 385 § 273)  Prior revisions: 1929 § 522; 1919 § 511; 1909 § 541
MO Rev Stat § 474.450 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.450 - Encumbrance does not revoke devise — exoneration, when.

Effective - 28 Aug 1955   474.450. Encumbrance does not revoke devise — exoneration, when. — 1. A charge or encumbrance upon any real or personal property, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not deemed a revocation of any will, relating to the same property, previously executed.  2. When any property is specifically devised and at the time of the testator's death is subject to a mortgage, pledge, or other lien created prior to the execution of the will or created by a mortgage, pledge, or other lien executed after the execution of the will as a renewal, or extension, or refinancing of the debt created prior to the execution of the will, the devisee shall take the property so devised subject to the charge or encumbrance unless the will provides expressly or by necessary implication that such mortgage be otherwise paid, but if the mortgage, pledge or other lien was created after the execution of the will the devisee shall take the property exonerated from the encumbrance unless it appears from the terms of the loan agreement or from the circumstances surrounding the loan transaction that the testator intended that the encumbrance should be paid out of the encumbered property rather than from his general estate. ­­-------- (RSMo 1939 § 524, A.L. 1955 p. 385 § 274)  Prior revisions: 1929 § 523; 1919 § 512; 1909 § 542  CROSS REFERENCE:  Redemption of encumbered property, 473.287, 473.387
MO Rev Stat § 474.455 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.455 - Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions.

Effective - 01 Jan 1981   474.455. Devisee who does not survive testator by 120 hours treated as predeceasing testator — exceptions. — A devisee who does not survive the testator by one hundred twenty hours is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will. ­­-------- (L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.460 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.460 - Testator surviving devisee, effect.

Effective - 01 Jan 1981   474.460. Testator surviving devisee, effect. — When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by one hundred twenty hours, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours. ­­-------- (RSMo 1939 § 528, A.L. 1955 p. 385 § 275, A.L. 1980 S.B. 637)  Prior revisions: 1929 § 527; 1919 § 516; 1909 § 546  Effective 1-01-81  (1962) Where decedent left his entire estate to his sister and expressly stated in his will that he did not desire his half-sister to have any part of his estate, the half-sister would inherit the estate when the sister who was devised all of the estate died before the testator. In re Smith's Estate (Mo.), 353 S.W.2d 721. (1972) The term "relative" as used in this statute is reserved for relatives by consanguinity and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.
MO Rev Stat § 474.463 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.463 - Exchange of securities not to adeem specific legacy.

Effective - 10 Jun 1981   474.463. Exchange of securities not to adeem specific legacy. — An exchange of corporate stock, or of bonds, promissory notes or other securities, for other stock, bonds, promissory notes or securities of the same corporation or obligor or its successor does not adeem a specific legacy of the stock, bonds, promissory notes or securities, and the devisee is entitled to those received by the testator in exchange to the extent that they are part of his estate. A change, by a stock split or like device, in the proportional interest in a corporation represented by a share of its stock, entitles a devisee of a specified number of shares to so many shares as are needed to represent the same proportional interest in the corporation as the specified number represented when the will was executed, whether the devise is specific, general or demonstrative. ­­-------- (L. 1980 S.B. 637, A.L. 1981 S.B. 117)  Effective 6-10-81
MO Rev Stat § 474.465 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.465 - Failure of devise to become part of residue.

Effective - 01 Jan 1981   474.465. Failure of devise to become part of residue. — 1. Except as provided in section 474.460, if a devise, other than a residuary devise, fails for any reason, it becomes a part of the residue.  2. Except as provided in section 474.460, if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interest in the residue. ­­-------- (L. 1980 S.B. 637)  Effective 1-01-81
MO Rev Stat § 474.470 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.470 - Rule in Shelley's case abolished, effect.

Effective - 28 Aug 1955   474.470. Rule in Shelley's case abolished, effect. — Where under a will a remainder is devised which is limited to the heirs, or heirs of the body of a person to whom a life estate in the same premises is devised, the persons who, on the termination of the life estate, are the heirs, or heirs of the body of the life tenant, are entitled to take as purchasers in fee simple, by virtue of the remainder so limited in them. ­­-------- (RSMo 1939 § 563, A.L. 1955 p. 385 § 276)  Prior revisions: 1929 § 562; 1919 § 555; 1909 § 578
MO Rev Stat § 474.480 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 474 - Probate Code — Intestate Succession and Wills|Section 474.480 - Devise deemed to convey fee simple, when.

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.