474.333. Will may provide for disposal of personal property by separate list. — A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by the testator, must be dated and must describe the items and the devisees with reasonable certainty. The writing may:
(1) Be referred to as one to be in existence at the time of the testator's death;
(2) Be prepared before or after the execution of the will;
(3) Be altered by the testator after its preparation; and
(4) Be a writing which has no significance apart from its effect upon the dispositions made by the will.
Notes of Decisions
Est. of Blodgett v. Mitchell, 95 S.W.3d 79 (Mo. 2003).
· cites it 21× “The issue is whether a provision in Decedent’s trust directing the distribution of “all of [decedent’s] tangible personal property” to Mitchell describes the property and devi-sees with reasonable specificity to qualify as a “written statement or list” within the meaning of…”
Cent. Trust Bank v. Scrivner, 963 S.W.2d 383 (Mo. Ct. App. 1998).
· cites it 9× “Accordingly, it is the Grantor’s intention that said written statement or list only dispose of those items of personal property which would be permitted by Section 474.333 RSMo. Such list may be considered as an amendment to this Trust, but only with respect to those items of…”
Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014).
“See § 474.333 (permitting will to dispose of personal property by separate list).”
Meyer v. Steele, 920 S.W.2d 600 (Mo. Ct. App. 1996).
· cites it 3× “Section 474.333, RSMo 1994, requires that "the writing must either be in the handwriting of the testator or be signed by the testator, and must describe the items with reasonable certainty.”
Shriners Hosp. for Child. v. Schaper, 215 S.W.3d 185 (Mo. Ct. App. 2006).
· cites it 3× “In her Trust, Grantor specifically directed that upon her death Successor Trustee should: 1) honor instructions with respect to gifts made in a written statement prepared pursuant to Section 474.333 RSMo 2000; 2) transfer all real estate owned by the trust, including all…”
Est. of Creech, 120 S.W.3d 271 (Mo. Ct. App. 2003).
· cites it 3× “Paragraph One of decedent’s will stated that, if decedent left a list disposing of tangible personal property pursuant to Section 474.333 RSMo Cum.Supp.1996, her property was to be disposed of as stated in the list.”
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