Section 472.005

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 01 Jan 1981, see footnote   

  472.005.  Application, when — effect on pending proceedings and rights. — This act^* shall apply to the estates of persons whose deaths occur on or after January 1, 1981.  The procedures herein prescribed shall govern all proceedings in probate then pending, except to the extent that, in the opinion of the court, their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply.  No act done in any proceeding commenced before January 1, 1981, and no accrued right shall be impaired by its provisions.  When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of any statute in force before this act^* takes effect, such provision shall remain in force and be deemed a part of the probate code with respect to such right except as otherwise provided therein.

­­--------

(L. 1980 S.B. 637)

Effective 1-01-81

*This act was known as the "Probate Code", which includes chapters 472, 473 and 474.

(1955) Will construed and words "descendants of a deceased child" of testator held to include an adopted child of testator's deceased son. Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649.

(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.

(1959) Evidence held to establish domicile in state of Louisiana by prior resident of this state who had died, for the purpose of determining where his estate should be dispersed. In re Toler's Estate (Mo.), 325 S.W.2d 755.

(1965) As used in subsection 2 of § 475.320, the word "debts" is the substantial equivalent of "claims", which is defined in this section, subdivision (4), as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs, and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82.

(1974) Provision in will that executor gave to pastor of a named church a sum for masses to be said entitled the pastor to receive as a gift personal property and he was a "legatee" and a necessary party to suit to set aside will. Kane v. Mercantile Trust Co. National Association (Mo.), 513 S.W.2d 362.