KnowMo Laws shieldKnowMo LawsShow-Me State Laws
Wills & Estates
RSMo 474.430effective 28 Aug 1955

Court to conform to directions of will

In plain English

Courts and all people who carry out a will must follow what the will says and what the person who wrote it actually meant.

Word-for-word law

474.430. Court to to directions of will. — All courts and others concerned in the shall have due regard to the directions of the will, and the true intent and meaning of the , in all matters brought before them.

(RSMo 1939 § 568, A.L. 1955 p. 385 § 272)

Prior revisions: 1929 § 567; 1919 § 555; 1909 § 583

(1958) of undivided one-half interest in to testator's son for life and at his death to his children absolutely but if he should die without living then to other son for life and at his death to other son's " at law" was according to statute of in effect when second died rather than statute in effect at of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his . Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.

(1960) There is a strong against partial but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's (Mo.), 338 S.W.2d 44.

(1963) Where testator all the of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215.

1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187.

(1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303.

(1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.

Tap any gold-underlined word to see what it means.

View official source

Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 474.430: Court to conform to directions of will | KnowMo Laws