469.090. Special rules for interests under old transfers. — The following rules set forth in subdivisions (1) and (2) of this section shall apply in the case of a vested interest or vested future interest created by a transfer made before 1977, and may apply in such case to lengthen, but shall not shorten, the time for disclaimer otherwise available:
(1) Such interest is subject to disclaimer in whole or in part for a reasonable time after the disclaimant has knowledge of the existence of the transfer;
(2) If the interest has vested before the disclaimant's eighteenth birthday, and the disclaimant has knowledge of the existence of the transfer before the disclaimant's eighteenth birthday, such interest is subject to disclaimer in whole or in part until a reasonable time elapses after the disclaimant's eighteenth birthday, except that a written acceptance by the disclaimant's representative shall constitute an acceptance of any portion of the interest.
Notes of Decisions
Cited in
6
cases, 1951–1973 · leading case:
Hammond v. Wheeler, 347 S.W.2d 884 (Mo. 1961).
Hammond v. Wheeler, 347 S.W.2d 884 (Mo. 1961).
· cites it 13× “It is appellants’ contention that the then applicable state statute quoted above, RSMo 1949, § 469.090 (2), reasonably construed, meant that the surviving widow’s one-half share was one half the estate which remained after the payment of the federal estate tax; that the word…”
Hart v. Parrish, 244 S.W.2d 105 (Mo. 1951).
· cites it 10× “She was appointed administratrix of the estate of her deceased husband on February 8, 1949, and, as a widow, filed her election, February 16, 1949, to take one half of her husband's real estate, Section 469.090, R.S.1949. The Probate Court of St.”
In Re Est. of Wahlin, 505 S.W.2d 99 (Mo. Ct. App. 1973).
· cites it 3× “The executors of the deceased husband’s estate (appellants) contended that the federal estate tax was a “debt” of the estate within the meaning of “debt” as used in Section 469.090(2), RSMo 1949, which provided that the renouncing widow should receive “one-half of the real and…”
Bearden v. Hodge, 273 S.W.2d 207 (Mo. 1954).
· cites it 3× “The record fails to show any election by defendant to take under the provisions of Section 469.090 RSMo 1949, V.A.M.S. and no election is claimed.”
McLaughlin v. Tralle, 274 S.W.2d 316 (Mo. 1954).
· cites it 4× “2d 787 , 791, it was said: “In short, we •conclude that the right of a widow to one-half of the personal estate of her deceased husband under Section 325 [now Section 469.090], unlike her allowances under Sections 106 and 107 [now Sections 462.”
Atkins v. State, 307 S.W.2d 420 (Mo. 1957).
· cites it 2× “080) or to one-half of the estate of a husband dying without descendants (now repealed § 469.090). The provisions of the new probate code so far as relied upon by the State are: The surviving spouse of an intestate decedent shall receive one-half of the estate “if the intestate…”
— Mo. Rev. Stat. § 469.090(2) — 2 cases
Hammond v. Wheeler, 347 S.W.2d 884 (Mo. 1961).
“It is appellants’ contention that the then applicable state statute quoted above, RSMo 1949, § 469.090 (2), reasonably construed, meant that the surviving widow’s one-half share was one half the estate which remained after the payment of the federal estate tax; that the word…”
In Re Est. of Wahlin, 505 S.W.2d 99 (Mo. Ct. App. 1973).
“The executors of the deceased husband’s estate (appellants) contended that the federal estate tax was a “debt” of the estate within the meaning of “debt” as used in Section 469.090(2), RSMo 1949, which provided that the renouncing widow should receive “one-half of the real and…”
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treatment. Dots show Syfertize treatment of the citing case itself.