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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

  Chapter 474back to chapter 474

  474.320.  Will form, execution, attestation. — Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.

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(RSMo 1939 § 520, A.L. 1955 p. 385 § 262)

Prior revisions: 1929 § 519; 1919 § 507; 1909 § 537

(1974) Subsequent to execution and attestation of will testator wrote "nine" over word "ten" and wrote "9" over figure "10" and marked through and circled name of one of the distributees of the remaining nine-tenths of his estate intending to eliminate such person as a distributee. Court held that effect of alterations would be to increase portions of other distributees as well as to revoke share of the distributee whose name was stricken and that such changes constituted a new and distinct testamentary disposition which, since not attested, were not legally effective and, applying doctrine of dependent relative revocation, no revocation was had and will remained in effect as originally written. Oliver v. Union National Bank of Springfield (A.), 504 S.W.2d 647.

(1974) Held that unwitnessed interlinear alterations in a will indicated testator's intent to cancel entire document. Watson v. Landvatter (Mo.), 517 S.W.2d 117.

(1974) An agreement to transfer an insurance business on the death of current owner held not to constitute a testamentary disposition. Hunt v. Dallmeyer (A.), 517 S.W.2d 720.


< end of effective 28 Aug 1955 >

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