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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

previous next Effective - 01 Jan 1981, see footnotebottom

  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.

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(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.


---- end of effective   01 Jan 1981 ----

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