Section 474.230

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 28 Aug 1955   

  474.230.  Effect of failure to elect to take against will. — When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with the provisions of sections 474.010 to 474.030, in any estate undisposed of by the will.  By taking under the will or consenting thereto, he does not thereby waive his right to a homestead allowance, to exempt property or to an allowance under section 474.260 unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of such rights or any of them.

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(L. 1955 p. 385 § 259)

(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.