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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 28 Aug 1955 bottom

  474.220.  Waiver of right to elect. — The right of election of a surviving spouse hereinbefore given may be waived before or after marriage by a written contract, agreement or waiver signed by the party waiving the right of election, after full disclosure of the nature and extent of the right, if the thing or the promise given to the waiving party is a fair consideration under all the circumstances.  This written contract, agreement or waiver may be filed in the same manner as hereinbefore provided for the filing of an election.

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(L. 1955 p. 385 § 258)

(1964) Section 474.220 exclusively controls a will case and section 474.120 applies only to an intestate estate. In re Adelman's Estate (A.), 377 S.W.2d 549.

(1964) Surviving widower who had entered into antenuptial contract with wife and received fair consideration therefor and where there had been full disclosure, could not elect to take against wife's will. In re Adelman's Estate (A.), 377 S.W.2d 549.


---- end of effective   28 Aug 1955 ----

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