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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 28 Aug 1955 bottom

  474.480.  Devise deemed to convey fee simple, when. — In all devises of lands or other estate in this state, in which the words "heirs and assigns", or "heirs and assigns forever", are omitted, and no expressions are contained in the will whereby it appears that the devise was intended to convey an estate for life only, and no further devise is made of the devised premises, to take effect after the death of the devisee to whom the same is given, it shall be understood to be the intention of the testator thereby to devise an absolute estate in the same, and the devise conveys an estate in fee simple to the devisee, for all of the devised premises.

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(RSMo 1939 § 564, A.L. 1955 p. 385 § 277)

Prior revisions: 1929 § 563; 1919 § 551; 1909 § 579

(1957) Where will devised residue absolutely to testator's widow and then in a subsequent paragraph expressed the "wish and desire" that she will the part devised which remained at her death to his heirs, widow had fee simple estate.  Thompson v. Smith (Mo.), 300 S.W.2d 404.

(1959) Devise to mother and sister of testatrix "as joint tenants with right of survivorship" held to evidence intention to devise to the two a joint estate for life with remainder to the survivor, so that conveyance of one-half of estate by one of the joint tenants could not affect the right of survivorship granted to the other. Hunter v. Hunter (Mo.), 320 S.W.2d 529.

(1964) Where testator devised residue of property to wife "the same shall be her property as long as she remain a single person" and provided for no gift over in the event wife died without having remarried, court held that wife received a determinable life estate, that quoted words were words of limitation and not of condition and that the gift over in event of remarriage of wife took effect on death of wife. Buschmeyer v. Eikermann (Mo.), 378 S.W.2d 468.


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

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