473.457. Sale of property under power in will. — 1. The sale and conveyance of property under a will shall be made by the acting executor or administrator with the will annexed, if no other person is appointed by the will for that purpose, or if such person fails or refuses to act.
2. Whenever power to sell or otherwise deal with property under a will, by the terms thereof, is personal to the executor therein designated, the court may direct the exercise thereof by a successor executor or administrator or by some other person. The court has full power to supervise the exercise of such powers and to make such orders as are necessary to effectuate the will of testator.
3. When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this law, as he may determine.
Notes of Decisions
Basler, Est. of v. Delassus, 690 S.W.2d 791 (Mo. 1985).
· cites it 6× “Section 473.457, RSMo 1978, adopted in its present form in 1955, reads in pertinent part as follows: 1.”
Bosworth v. Sewell, 918 S.W.2d 773 (Mo. 1996).
· cites it 2× “§ 473.810. Collection and management of assets are governed by §§ 473.”
Flynn v. Danforth, 547 S.W.2d 132 (Mo. Ct. App. 1976).
· cites it 9× “Section 473.457, RSMo 1969, dealing with the sale of property under the power granted in a will, follows: “1.”
Johnson v. Patrick, 807 S.W.2d 552 (Mo. Ct. App. 1991).
· cites it 2× “The decedent’s will granted no power to them to sell real estate, thus making inapplicable § 473.457, RSMo 1986 (authorizing sale of property under power in will).”
In Re: R. Scott Gardner, 565 S.W.3d 670 (Mo. 2019).
“For example, a court order is required for the sale of property (except when the will authorizes power of sale), § 473.457 , and the partial distribution of property.”
Black v. Stevens, 599 S.W.2d 54 (Mo. Ct. App. 1980).
· cites it 2× “§ 473.457(3), RSMo 1969. We do not express any opinion on the possible results had he chosen to act as an executor pursuant to power granted by the will.”
Earney v. Clay, 516 S.W.2d 59 (Mo. Ct. App. 1974).
“§ 473.457, subd. 3 RSMo 1969, V.A.M.S.; Historical Note, 26 V.”
Hunter v. United States, 474 F. Supp. 763 (W.D. Mo. 1979).
· cites it 2× “457(3) overrides the prohibition of self dealing because it states: (3) When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this…”
Uphaus v. Uphaus, 315 S.W.2d 801 (Mo. 1958).
“From that premise, they argue that a sale of the land through a partition sale is contrary to the provisions of the will in that any sale of the real estate should be made only by the executor or administrator (RSMo 1949, § 473.457, V.A. M.S.), and that under those…”
Mo. Rev. Stat. § 473.457(3): 2 cases
Black v. Stevens, 599 S.W.2d 54 (Mo. Ct. App. 1980).
“§ 473.457(3), RSMo 1969. We do not express any opinion on the possible results had he chosen to act as an executor pursuant to power granted by the will.”
Hunter v. United States, 474 F. Supp. 763 (W.D. Mo. 1979).
“457(3) overrides the prohibition of self dealing because it states: (3) When power to sell, mortgage, lease or exchange property of the estate has been given to any executor under the terms of any will, the executor may proceed under such power, or under the provisions of this…”
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