472.140. Record kept — adversary probate proceeding defined. — 1. A record shall be kept in any adversary probate proceeding in a probate division of the circuit court. At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
2. "Adversary probate proceeding" as used in this section and in section 472.141 means any proceeding brought pursuant to any provision of chapters 472, 473, 474, and 475 which requires, as a condition precedent to an entry of an order or judgment on the merits, notice of hearing to persons interested in the proceeding, except that proceedings to sell real property or to make final settlement and except that notices that letters have been granted, for unknown heirs, to file interim settlements, of the right of the surviving spouse to elect to take against the will and in guardianship estates in which the Veterans Administration is a party in interest as to petitions by the conservator to disburse funds and as to settlements of conservators shall not be deemed to be adversary unless and until an interested person files objections to the action proposed or the account stated. An "adversary probate proceeding" shall also mean any other probate proceeding determined by the judge of the probate division to be an adversary proceeding.
3. The judge on his motion, or on the request of an interested person, may direct the keeping of a record of any hearing in a probate proceeding. The judge in his discretion may require the party requesting the record to give security for the payment of the costs thereof and may assess the costs of making the record against any party to the proceedings.
Notes of Decisions
In Re Est. of Standley, 204 S.W.3d 745 (Mo. Ct. App. 2006).
· cites it 4× “05 applies in an adversary proceeding pursuant to section 472.140. Desterbecque, 800 S.W.2d at 146 .”
Leachman v. Gregory, 514 S.W.3d 95 (Mo. Ct. App. 2017).
· cites it 4× “Leachman, the trial court designated the probate proceeding as adversarial under section 472.140 1 and governed by the Missouri Rules of Civil Procedure pursuant to section 472.”
Matter of Est. of Snyder, 880 S.W.2d 596 (Mo. Ct. App. 1994).
· cites it 2× “First, the present ease is an adversary proceeding as defined in § 472.140 RSMo 1986. Second, the probate code does not contain a provision that specifies the application of Rule 55 to an action for *599 fraud, and third, the court did not order its application in this case.”
Lyle Quick v. Franklin Anderson, 503 S.W.3d 242 (Mo. Ct. App. 2016).
· cites it 2× “The probate court entered orders designating'the proceedings on the purported February 2007 and 2003 wills as adversary probate proceedings within the meaning of section 472.140. The probate court did not accept or reject the purported February 2007 or 2003 wills at this time.”
Wunsch v. Sun Life Assurance Co. of Canada, 92 S.W.3d 146 (Mo. Ct. App. 2002).
“The probate court designated the petition as an adversary proceeding under § 472.140 and directed notice of the proceeding to be served upon Ms.”
Hayes v. Cardwell, 575 S.W.2d 816 (Mo. Ct. App. 1978).
· cites it 2× “Section 472.140 authorizes the probate judge, on his own motion, or on the request of an interested person, to direct the making of a stenographic record of any hearing in a probate proceeding.”
Matter of Est. of Savage, 650 S.W.2d 346 (Mo. Ct. App. 1983).
“Nevertheless, the personal representative, following the procedure employed in Henderson v. Allen, supra, filed a motion attacking that purported election and the applications.”
State ex rel. Simanek v. Berry, 597 S.W.2d 718 (Mo. Ct. App. 1980).
· cites it 3× “as adversary within the meaning of §§ 472.140 and 472.141. The court specified that Civil Rule 55 would apply to the proceeding and required Simanek to file an answer within the time prescribed by Rule 55.”
Est. of Abbott, 944 S.W.2d 279 (Mo. Ct. App. 1997).
“In pertinent part, § 472.140 reads: "2. 'Adversary probate proceeding’ as used in this section .”
Novak v. Akers, 669 S.W.2d 644 (Mo. Ct. App. 1984).
“1 However, as is apparent from a reading of § 472.140, the probate division also exercises, or may exercise, in personam (or perhaps, quasi in rem) jurisdiction.”
Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990).
“In summary, neither order was entered in a proceeding defined as an adversary proceeding in § 472.140, or a proceeding encompassed by § 472.”
Duncan v. Est. of Booker, 816 S.W.2d 705 (Mo. Ct. App. 1991).
· cites it 3× “At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.”
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