474.320. Will form, execution, attestation. — Every will shall be in writing, signed by the testator, or by some person, by his direction, in his presence; and shall be attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.
Notes of Decisions
Cited in
36
cases, 1958–2006 · leading case:
Hodges v. Hodges, 692 S.W.2d 361 (Mo. Ct. App. 1985).
Hodges v. Hodges, 692 S.W.2d 361 (Mo. Ct. App. 1985).
· cites it 5× “The testimony of Vaughan, Cheryl Morris and Mucie regarding the execution of the document was more than sufficient to make a prima facie case of execution in compliance with § 474.320, RSMo 1978. 8 The request by a testator to the witnesses to attest his will, and the…”
Hawkins v. Lemasters, 200 S.W.3d 57 (Mo. Ct. App. 2006).
· cites it 6× “The court noted that under section 474.320 1 every will must be in writing, signed, and attested by witnesses in the presence of the testator.”
Stroup v. Leipard, 981 S.W.2d 600 (Mo. Ct. App. 1998).
· cites it 4× “337, RSMo, showing that the requirements of execution under § 474.320, RSMo, have been met, shall be probated without further proof.”
Webb v. St. Louis Cnty. Nat'l Bank, 551 S.W.2d 869 (Mo. Ct. App. 1977).
· cites it 2× “TESTAMENTARY NATURE OF TRUST We next consider the contention that the instrument designated as the Robert Webb Trust is void as a testamentary disposition because it was not executed in accordance with the Statute of Wills, § 474.320, RSMo. 1969, for the reason that “the trust…”
Hunt v. Dallmeyer, 517 S.W.2d 720 (Mo. Ct. App. 1974).
· cites it 3× “Defendants further maintain that plaintiff’s petition is void on its face as an attempted testamentary disposition in violation of § 474.320, RSMo 1969, V.A.M.S., since the formalities of a will are not present.”
Watson v. Landvatter, 517 S.W.2d 117 (Mo. 1974).
· cites it 3× “All parties agree that the substitutions written on the face of the will cannot be given effect because the will was not at that time or thereafter attested or reattest-ed in accordance with the requirements of Section 474.320, RSMo 1969, V.A.M.S. In support of their contention…”
Rosenblum v. Gibbons, 685 S.W.2d 924 (Mo. Ct. App. 1984).
· cites it 2× “The children appeal contending the trust was invalid as an inter vivos trust because it *927 was not funded before the death of the grantor, that it was not a testamentary trust because not executed before witnesses as required by § 474.320, RSMo.1978, and alleging trial court…”
Holley v. Grigg, 65 S.W.3d 289 (Tex. App. 2001).
“087, RSMo, and section 474.320, RSMo: (1) That money or other benefits theretofore due to, controlled or owned by a decedent shall be paid after the decedent's death to a person or persons designated by the decedent in either the instrument or a separate writing, including a…”
Lopiccolo v. Semar, 890 S.W.2d 754 (Mo. Ct. App. 1995).
· cites it 2× ““Every will shall be in writing, signed by the testator, .”
Dawson v. Dawson, 645 S.W.2d 120 (Mo. Ct. App. 1983).
“That a bequest by will requires the “application of established rules of law” is made abundantly clear by reference to § 474.320 which prescribes a formal procedure for the creation and execution of wills, and to the remainder of the Probate Code which extends the effect of the…”
Bradley v. Taylor, 875 S.W.2d 564 (Mo. Ct. App. 1994).
· cites it 4× “Said handwritten amendments were not subscribed to in accordance with § 474.320, and hence decedent must be deemed to have died partially intestate with *567 respect to the property that is referred to in the handwritten amendments upon the will.”
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