Section 442.460

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

Effective - 28 Aug 1939   

  442.460.  The term "heirs" not necessary to convey a fee simple estate. — The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear, or be necessarily implied in the terms of the grant.

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(RSMo 1939 § 3496)

Prior revisions: 1929 § 3106; 1919 § 2265; 1909 § 2870

CROSS REFERENCE:

Devise omitting words "heirs and assigns" creates fee simple, 474.480

(1959) Provision of contract conveying realty, granting to purchaser soil from the seller's adjoining tract for a fill on the land conveyed held to be a covenant running with the land even though such provision omitted the words "his heirs and assigns". Kerrick v. Schoenberg (Mo.), 328 S.W.2d 595.

(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.