Missouri Revised Statutes

Mo. Rev. Stat. § 474.430 (2026)

Court to conform to directions of will

✓ current as of May 2026

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474.430. Court to conform to directions of will. — All courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them.

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(RSMo 1939 § 568, A.L. 1955 p. 385 § 272)

Prior revisions: 1929 § 567; 1919 § 555; 1909 § 583

(1958) Devise of undivided one-half interest in realty to testator's son for life and at his death to his children absolutely but if he should die without issue living then to other son for life and at his death to other son's "heirs at law" was construed according to statute of descent and distribution in effect when second life tenant died rather than statute in effect at execution of will and testator's death and thus widow of second life tenant took one-half of the undivided one-half interest against contention that testator indicated intent that land go to his descendants. Thomas v. Higginbotham (Mo.), 318 S.W.2d 234.

(1960) There is a strong presumption against partial intestacy but where the language used by the testator is plain and unequivocal, the court cannot give it a different meaning. In re Fowler's Estate (Mo.), 338 S.W.2d 44.

(1963) Where testator devised all the remainder of his property, after debts were paid, to his wife "she to have complete control and free will in the management and disposal of same so long as she may live", the widow received fee simple title to the realty. Shaw v. Wertz (Mo.), 369 S.W.2d 215.

1963) Where testator devised one-sixth of his property to his wife for life with remainder to testator's "children and heirs" the words "children" and "heirs" were treated as synonymous so that the children received a vested remainder in the one-sixth interest. Walters v. Sisler (Mo.), 371 S.W.2d 187.

(1964) Where wife bequeathed one-half of her estate to her husband and failed to specify whether the half was to be determined on the basis of the gross estate or on the basis of the net or distributable estate, court held that she intended that charges and expenses be paid from gross estate and that the bequests be determined as a percentage of the net of distributable estate remaining. St. Louis Union Trust Co. v. Kruger (Mo.), 377 S.W.2d 303.

(1967) This section requires that, in determining the true intent and meaning of testators, courts must first look to the will, but if the language of the will is determined to be ambiguous they may look to surrounding facts and circumstances. Seltzer v. Schroeder (A.), 409 S.W.2d 777.

Notes of Decisions

Cited in 40 cases, 1956–1994 · leading case: Cross v. Cross, 559 S.W.2d 196 (Mo. Ct. App. 1977).

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Cross v. Cross, 559 S.W.2d 196 (Mo. Ct. App. 1977). · cites it 32× “Section 474.430, RSMo 1969, was held to govern the question of the validity of the testamentary exercise.”

In Re Est. of Wahlin, 505 S.W.2d 99 (Mo. Ct. App. 1973). · cites it 5× “Section 474.430, RSMo 1969, V.A. M.S. (titled, Court to conform to directions of will), stands unamended since its original enactment in 1955.”

First Nat'l Bank of Kansas City v. Hyde, 363 S.W.2d 647 (Mo. 1962). · cites it 3× “The appellants contend that the use of these terms creates an ambiguity as to the investment powers of the trustees.”

Thomas v. Higginbotham, 318 S.W.2d 234 (Mo. 1958). · cites it 3× “1109 , 1112. It has long been the rule in this state that “all courts and others concerned in the execution of last wills shall have due regard to the directions of the will, and the true intent and meaning of the testator, in all matters brought before them.”

Com. Trust Co. v. Weed, 318 S.W.2d 289 (Mo. 1958). · cites it 2× “created by testator’s will vested in his lineal descendants as they existed at the date of his death, or, was it a contingent remainder which did not vest until the termination of the trust? If we rule that the remainder vested at the time of testator’s death, then the heirs,…”

Shaw v. Wertz, 369 S.W.2d 215 (Mo. 1963). · cites it 3× “Mellott a life estate only or an estate in fee simple. The trial court held that she received a fee, that plaintiffs, as heirs at law of Silas H.”

Boone Cnty. Nat'l Bank v. Edson, 760 S.W.2d 108 (Mo. 1988). · cites it 2× “1980); § 474.430, RSMo 1986. If a will expresses the intention of the testatrix in clear and unequivocal language, there can be no occasion for construction of the instrument.”

Shriners Hospitals for Crippled Child. v. Emrie, 347 S.W.2d 198 (Mo. 1961). · cites it 3× “” In the judgment similar orders were made as to the other organizations and persons designated in the third and fourth clauses of the will to receive bequests of a stated number of shares of the common stock of Ralston Purina Company. All the residuary legatees, except Charles…”

Royston v. Watts, 842 S.W.2d 876 (Mo. Ct. App. 1992). · cites it 2× “§ 474.430, RSMo.1986. 2) that intention is to be drawn from the four corners of the will.”

Coats v. Whitlow, 581 S.W.2d 392 (Mo. Ct. App. 1979). · cites it 2× “Nor do they doubt that the wife beneficiary has the absolute benefit of residence in the home of the trustor. They contend over whether, in addition, the testament intends an unconditioned access to the trust estate assets, corpus as well as income, to provide a living for the…”

Mercantile Trust Co. v. Muckerman, 377 S.W.2d 355 (Mo. 1964). · cites it 3× “Muckerman as the only surviving child of Richard, deceased, should receive the entire trust share here involved or whether the children of Dr. Muckerman’s deceased sister should receive one half thereof.”

Prior v. Prior, 395 S.W.2d 438 (Mo. 1965). · cites it 3× “ts, on the other hand, contend that the will gave the grandchildren only life estates, with either an implied remainder in fee in the heirs of testator’s “then living grandchildren,” or devolution of the fee by intestate succession at the termination of the life estates, and…”

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