469.010. General rule, effect of disclaimer. — Any individual to whom property or an interest therein is donatively transferred by any means, including a transfer resulting from another disclaimer, may disclaim all or any portion of the transfer. Unless the terms of the transfer otherwise provide, the disclaimer shall cause the terms of the transfer to be applied to the disclaimed transfer and to any future interests taking effect thereafter as if the disclaimant had died immediately before the transfer. The presumption of a disclaimant's death does not prevent recognition of the disclaimant's later born children and their issue, assuming they have rights after all proper acceleration has taken place, nor does it prevent recognition of future and other interests of the disclaimant which are not disclaimed. For all purposes the disclaimed interest is deemed to have passed directly from the transferor to the ultimate taker or takers and is not subject to the claim of any creditor of the disclaimant. A disclaimed portion of a transfer passes to the same ultimate taker or takers and in the same proportions as in the case of a disclaimer of all of the transfer.
Notes of Decisions
Cited in
8
cases, 1951–2007 · leading case:
Sando v. Phillips, 319 S.W.2d 648 (Mo. 1959).
Sando v. Phillips, 319 S.W.2d 648 (Mo. 1959).
· cites it 3× “See Section 469.010 RSMo 1949, V.A.M.S., now repealed.”
Resch v. Rowland, 257 S.W.2d 621 (Mo. 1953).
· cites it 5× “* * *" Section 469.010 RSMo 1949, V.A.M.S. "No act, deed or conveyance, executed or performed by the husband without the assent of the wife, evidenced by her acknowledgment thereof, in the manner required by law to pass the estate of married women, * * * shall prejudice the…”
Hart v. Parrish, 244 S.W.2d 105 (Mo. 1951).
· cites it 4× “Parrish, and in his lifetime and during his marriage he had owned no real estate other than the described real property involved herein.”
Bearden v. Hodge, 273 S.W.2d 207 (Mo. 1954).
· cites it 3× “Section 469.010 RSMo 1949, V.A.M.S. The record fails to show any election by defendant to take under the provisions of Section 469.”
Ellis v. Williams, 312 S.W.2d 97 (Mo. 1958).
“120 in-lieu of the dower as provided by § 469.010; the latter, in essence, is the common law dower.”
Farris v. Cook, 361 S.W.3d 1 (Mo. Ct. App. 2007).
· cites it 4× “Thereafter, -in 1997, the legislature enacted § 469.010. It states, as applicable to this case: Any individual to whom property or an interest therein is donatively transferred by any means, including a transfer resulting from another disclaimer, may disclaim all or any portion…”
Schwarberg v. Grace, 526 S.W.2d 83 (Mo. Ct. App. 1975).
· cites it 3× “Defendant asserts that under § 469.010, RSMo 1949 the widow of Richard “had a dower interest in a third part of all her husband’s lands”; that under § 469.”
Traders Nat'l Bank of Kansas City v. United States, 148 F. Supp. 278 (W.D. Mo. 1956).
· cites it 2× “Thereafter, as a result of said renunciation, she became endowed of a one-third part of all the lands whereof her husband died seized, § 469.010, V.A.M.S. and also one-half of the personal estate belonging to her husband at the time of his death, § 469.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.