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Wills & Estates
RSMo 474.440effective 28 Aug 1955

Bond to convey does not revoke devise

In plain English

If someone writes a will leaving property to others, and then later makes a deal to sell or transfer that same property, the will is not canceled. The property still goes to whoever the will named. However, anyone who was promised the property through that deal can still take legal action to try to get it from the people who inherited it through the will.

Word-for-word law

474.440. to does not . — A bond, or agreement made for a , by a , to convey any property or bequeathed in any last will previously made, does not constitute a of the previous devise or , either ; but the property passes by the devise or bequest, subject to the same on the bond, covenant or agreement, for or otherwise, against the or legatees, as might be had by law against the of the testator, or his , if the same had descended to them.

(RSMo 1939 § 523, A.L. 1955 p. 385 § 273)

Prior revisions: 1929 § 522; 1919 § 511; 1909 § 541

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

RSMo 474.440: Bond to convey does not revoke devise | KnowMo Laws