Mo. Rev. Stat. » Chapter 474
Missouri Revised Statutes

Mo. Rev. Stat. § 474.460 (2026)

Testator surviving devisee, effect

✓ current as of May 2026
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  474.460.  Testator surviving devisee, effect. — When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, or is treated as if he predeceased the testator, leaving lineal descendants who survive the testator by one hundred twenty hours, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived the testator by one hundred twenty hours.

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(RSMo 1939 § 528, A.L. 1955 p. 385 § 275, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 527; 1919 § 516; 1909 § 546

Effective 1-01-81

(1962) Where decedent left his entire estate to his sister and expressly stated in his will that he did not desire his half-sister to have any part of his estate, the half-sister would inherit the estate when the sister who was devised all of the estate died before the testator. In re Smith's Estate (Mo.), 353 S.W.2d 721.

(1972) The term "relative" as used in this statute is reserved for relatives by consanguinity and not by marriage. McComb v. Lyons (Mo.), 487 S.W.2d 16.

Notes of Decisions
Cited in 27 cases, 1962–2013 · leading case: Royston v. Watts, 842 S.W.2d 876 (Mo. Ct. App. 1992).
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Royston v. Watts, 842 S.W.2d 876 (Mo. Ct. App. 1992). · cites it 14× “This is a court tried matter on uncontested facts that seeks to determine via a partition of real estate, precisely whether the Anti-Lapse statute, § 474.460, RSMo.1986, applies to a will. In the will, certain legatees whose ancestor, also a legatee in the residuary estate, but…”
Kirchner v. Buschling, 895 S.W.2d 180 (Mo. Ct. App. 1995). · cites it 10× “The children of a residuary beneficiary who predeceased the testator appeal the trial court’s judgment that the words “per capita and not per stirpes” were sufficient to override the Anti-Lapse Statute, § 474.460, RSMo 1986, thereby excluding them from sharing in the residue of…”
Neff v. Heirs at Law of McReynolds, 800 S.W.2d 798 (Mo. Ct. App. 1990). · cites it 8× “*801 Section 474.460, RSMo (1986). 1 The gift to Reverend Armstrong, however, was made not by will but by testamentary trust.”
Est. of Straube v. Barber, 990 S.W.2d 40 (Mo. Ct. App. 1999). · cites it 11× “In their first point Appellants contend the trial court erred in finding the devise to Virginia Williams did not fail.”
Porter v. Falknor, 895 S.W.2d 187 (Mo. Ct. App. 1995). · cites it 6× “The court found that Claude A Saunders’ children received his one-half interest pursuant to § 474.460, RSMo 1986. Fay Falknor appeals.”
Godsy v. Godsy, 531 S.W.2d 547 (Mo. Ct. App. 1975). · cites it 5× “” Section 474.460 V.A.M.S. reads: “When any estate is devised to any child, grandchild or other relative of the testator, and the devisee dies before the testator, leaving lineal descendants, the descendants shall *550 take the estate, real or personal, as the devisee would have…”
Matter of Est. of Bloomer, 620 S.W.2d 365 (Mo. 1981). · cites it 2× “" After the part quoted above, the statute goes on to provide "the effect of the revocation shall be the same as if the divorced spouse had died at the time of the divorce.”
Helmer v. Voss, 646 S.W.2d 738 (Mo. 1983). · cites it 3× “We also have no reason to probe the effect under § 474.460, RSMo (1982 Supp.) of the death of a person to whom a fraction of the residue has been bequeathed.”
Est. of Heisserer v. Loos, 698 S.W.2d 6 (Mo. Ct. App. 1985). · cites it 3× “1 On appeal, appellants allege that the court erred in applying the anti-lapse statute, § 474.460 (Supp.1984) 2 , and in dividing the residue into eighteenths.”
Taylor v. Coe, 675 S.W.2d 148 (Mo. Ct. App. 1984). “010- § 471.080). Section 471.010 reads: “Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, as determined by a court of competent jurisdiction, the…”
Trantham v. Trice, 567 S.W.2d 389 (Mo. Ct. App. 1978). · cites it 3× “Sarah Jane Bess presents her contentions in three aspects: First, that respondents Peters, having been adopted by Madeline, are not “issue”; secondly, that the construction of the will must avoid partial intestacy; and thirdly, that the anti-lapse statute, § 474.460, RSMo 1969,…”
McComb v. Lyons, 487 S.W.2d 16 (Mo. 1972). · cites it 3× “Section 474.460, RSMo 1969, V.A.M.S.: “When any estate is devised to any * * relative of the testator, and the devisee dies before the testator, leaving lineal descendants, the descendants shall take the estate, real or personal, as the devisee would have done if he had survived…”
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