Missouri Revised Statutes
Mo. Rev. Stat. § 469.070 (2026)
Contingent interests
✓ current as of May 2026
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469.070. Contingent interests. — A contingent future interest may be disclaimed in whole or in part under the provisions of this chapter at any time before, or within nine months after, beneficiaries of the interest have been fully ascertained and their interests vested. A vested interest subject to defeasance or divestment shall be deemed a contingent interest for purposes of this chapter.
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(L. 1997 S.B. 265)
Notes of Decisions
Cited in 6
cases, 1954–1991 · leading case: McLaughlin v. Tralle, 274 S.W.2d 316 (Mo. 1954).
McLaughlin v. Tralle, 274 S.W.2d 316 (Mo. 1954). “According to the substance and effect of the pleadings, the appellant, as widow of the deceased, contends that under Section 469.070 RSMo 1949, V.A.M.S., she has an absolute right to a share in the personal estate of her deceased husband, equal to the share of a child of…”
McDonald v. McDonald, 814 S.W.2d 939 (Mo. Ct. App. 1991). ““The fraud of which this court spoke in the Merz case (and in the cases therein cited) was not legal fraud in the sense of fraud to be decisively demonstrated in all cases by the mere fact that a conveyance is a transfer of the husband’s personalty in his lifetime and…”
Potter v. Winter, 280 S.W.2d 27 (Mo. 1955). “Section 469.070, RSMo 1949, V.A.M.S. The careful reading of the Merz case, and the cases therein cited, discloses that the voluntary conveyance which the widow may set aside as fraudulent is one executed with the intent and *36 purpose to defeat his wife’s marital rights.”
Ussher v. Mercantile Trust Co., 328 S.W.2d 699 (Mo. 1959). “Item First contemplated the payment of the debts, taxes, duties and levies out of his residuary estate and not out of that portion of his estate passing under Items Second and Third in which plaintiff was the named beneficiary.”
Traders Nat'l Bank of Kansas City v. United States, 148 F. Supp. 278 (W.D. Mo. 1956). “and also one-half of the personal estate belonging to her husband at the time of his death, § 469.070, V.A.M.S. She also became entitled to her homestead rights in accordance with § 513.”
Atkins v. State, 307 S.W.2d 420 (Mo. 1957). “The main marital rights that came before this court for consideration in connection with the inheritance tax act were to be found in said Chapter 469; for instance, the right of a widow to share as a child (now repealed §§ 469.070, 469.080) or to one-half of the estate of a…”
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