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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

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  475.025.  Rights of parents as natural guardians of minors. — In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education.  When the estate of a minor is derived from a parent, the parent as natural guardian has all of the powers of a conservator appointed by a court, with respect to property derived from him, except that no court order or authorization is necessary to exercise these powers and the natural guardian may invest, sell and reinvest the estate of the minor in such property as is reasonable and prudent.

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(RSMo 1939 § 375, A.L. 1955 p. 385 § 286, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 375; 1919 § 371; 1909 § 430

(1958) Where child's estate was derived solely from father, court did not err in dismissing father's petition for declaratory judgment stating his right as natural guardian of child under § 475.025, as it was before reenactment in 1957, since by its terms the section applied only to children's estates derived from both parents and in addition all questions as to father's powers and rights as natural guardian were moot at the date of judgment. Dyer v. Union Electric Co. (A.), 318 S.W.2d 401.


---- end of effective   28 Aug 1983 ----

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