473.085. Court approval of compromise, procedure for securing. — The procedure for securing court approval of a compromise is as follows:
(1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts are unknown and cannot reasonably be ascertained;
(2) Any interested person, including a personal representative or trustee, may then submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives;
(3) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court in which the controversy is pending, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries over which it has jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
Notes of Decisions
Columbia Union Nat'l Bank & Trust Co. v. Bundschu, 641 S.W.2d 864 (Mo. Ct. App. 1982).
· cites it 8× “§ 473.085 The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or…”
Mamoulian v. St. Louis Univ., 732 S.W.2d 512 (Mo. 1987).
· cites it 13× “1 We decide the case as on original appeal and conclude that the trial court’s order of approval was not in compliance with the requirements of § 473.085, RSMo 1986. We reverse the order of the trial court denying appellant’s Rule 74.”
Meyer v. Steele, 920 S.W.2d 600 (Mo. Ct. App. 1996).
· cites it 4× “Section 473.085. If the agreement is approved by the court, it shall be executed by the personal representative and all further disposition of the estate is in accordance with the terms of the written agreement.”
Moore v. Campbell, 904 S.W.2d 378 (Mo. Ct. App. 1995).
“” And, in Count III, Moore alleged that the judgment in the discovery of assets proceeding was void because of failure to comply with § 473.085; that Overman proposed to eviscerate the fund “now in custodia legis;” that her actions would preclude collection of the judgment…”
Campbell v. Campbell, 898 S.W.2d 630 (Mo. Ct. App. 1995).
· cites it 2× “She bases her complaint on § 473.085, RSMo 1994. Although that statute, indeed, requires that the settlement terms be in writing, the statute does not relate to a § 473.”
Mamoulian v. St. Louis Univ., 780 S.W.2d 648 (Mo. Ct. App. 1989).
· cites it 2× “This is an appeal from a final order of the trial court dismissing a will contest action and approving a settlement thereof pursuant to § 473.085, RSMo 1986. The trial court found that awarding movants $30,000 of the $600,000 settlement was fair, just and reasonable under the…”
Mo. Rev. Stat. § 473.085(1): 1 case
Columbia Union Nat'l Bank & Trust Co. v. Bundschu, 641 S.W.2d 864 (Mo. Ct. App. 1982).
“§ 473.085 The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or…”
Mo. Rev. Stat. § 473.085(2): 1 case
Mamoulian v. St. Louis Univ., 732 S.W.2d 512 (Mo. 1987).
“1 We decide the case as on original appeal and conclude that the trial court’s order of approval was not in compliance with the requirements of § 473.085, RSMo 1986. We reverse the order of the trial court denying appellant’s Rule 74.”
Mo. Rev. Stat. § 473.085(3): 3 cases
Mamoulian v. St. Louis Univ., 732 S.W.2d 512 (Mo. 1987).
“1 We decide the case as on original appeal and conclude that the trial court’s order of approval was not in compliance with the requirements of § 473.085, RSMo 1986. We reverse the order of the trial court denying appellant’s Rule 74.”
Columbia Union Nat'l Bank & Trust Co. v. Bundschu, 641 S.W.2d 864 (Mo. Ct. App. 1982).
“§ 473.085 The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or…”
Meyer v. Steele, 920 S.W.2d 600 (Mo. Ct. App. 1996).
“Section 473.085. If the agreement is approved by the court, it shall be executed by the personal representative and all further disposition of the estate is in accordance with the terms of the written agreement.”
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