474.520. Construction of will. — The court in which a will is probated shall have jurisdiction to construe it at any time during the administration. Such construction may be made on the petition of the executor or administrator or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed, notice of the hearing thereon shall be given to interested persons.
Notes of Decisions
Cited in
6
cases, 1981–2001 · leading case:
In Re Est. of Erwin, 611 S.W.2d 564 (Mo. Ct. App. 1981).
In Re Est. of Erwin, 611 S.W.2d 564 (Mo. Ct. App. 1981).
· cites it 9× “Three of appellants' points relied on complain of matters occurring in connection with their petition for construction of the decedent's will filed under § 474.520, RSMo 1969, in the probate court.”
Bradley v. Taylor, 875 S.W.2d 564 (Mo. Ct. App. 1994).
· cites it 7× “Plaintiffs attempt to qualify themselves as “other person[s] interested in the will,” under § 474.520, on the ground that one portion of the will, the handwritten amendments, is void.”
Mullins v. Est. of Corbin, 66 S.W.3d 84 (Mo. Ct. App. 2001).
· cites it 2× “590, so as to invoke the court’s continuing jurisdiction to construe the decedent’s will under § 474.520. The only difference between the two claims of error is that in Point I the appellants attack the probate court’s reliance on § 473.”
Hannebaum v. Est. of Chrisman, 723 S.W.2d 484 (Mo. Ct. App. 1986).
“Since 1955, under § 474.520, a court in which a will is probated has jurisdiction to construe the will.”
Tindle v. Erwin, 611 S.W.2d 564 (Mo. Ct. App. 1981).
· cites it 9× “Three of appellants’ points relied on complain of matters occurring in connection with their petition for construction of the decedent’s will filed under § 474.520, RSMo 1969, in the probate court.”
Dillon v. Honse, 694 S.W.2d 505 (Mo. Ct. App. 1985).
“Pursuant to § 474.520 the co-executors and a brother of the testator filed a petition in the probate division seeking construction of the will in light of the possible application of § 474.”
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