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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

 Chapter 442

previous next Effective - 28 Aug 1939bottom

  442.450.  Conveyance to more than one — effect. — Every interest in real estate granted or devised to two or more persons, other than executors and trustees and husband and wife, shall be a tenancy in common, unless expressly declared, in such grant or devise, to be in joint tenancy.

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(RSMo 1939 § 3504)

Prior revisions: 1929 § 3114; 1919 § 2273; 1909 § 2878

(1961) Deed drawn by layman conveying land to mother and daughter "as tenants by entirety and to the survivor of them", and repeating such language in the quitclaim provision and in the habendum clause created a joint tenancy in mother and daughter. Powers v. Buckowitz (Mo.), 347 S.W.2d 174.

(1962) Land devised to three people "to share equally and to the survivors of them" created a joint life tenancy in devisees with a contingent remainder in the survivor, and no joint tenant can by conveyance, partition or otherwise destroy the right of survivorship. Johnson v. Woodard (A.), 356 S.W.2d 526.

(1967) The use of the words "as tenants by the entirety" in relation to two persons who are not husband and wife creates no presumption of a joint tenancy. Horton v. Estate of Elmore (A.), 420 S.W.2d 48.


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

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