528.010. Equity suit — who may bring. — Whenever under or through any deed, conveyance or will, heretofore or hereafter made, an estate for life, or a conditional or contingent or other estate of uncertain vesting or duration is created, or provided for in lands with remainder over or reversion, whether absolute, contingent or conditional, or an estate in lands is created, or provided for, to commence or to vest in the future, either absolute, contingent or conditional, any person or persons holding the estate or an interest in the estate, carrying the right of immediate use and enjoyment of such lands, may sue in equity for sale of such lands or any of the same upon the ground that the life or other estate of immediate enjoyment is burdensome and unprofitable or that the cost of paying the taxes and assessments thereon and holding, maintaining, caring for and preserving the lands from waste, or injury, and deterioration, exceeds the reasonable value of the rents and profits thereof, and that a greater income can probably be had from proceeds of a sale thereof invested in bonds of the United States or of Missouri or some municipality or school district thereof or first lien mortgage loans upon lands situate in this state; and if upon trial of such case the court finds the allegations of the petition in such suit to be true it shall order, adjudge and decree that sale of such lands in partition shall be made in the same manner as other sales of lands not susceptible of division in kind, are or may be by law provided to be made; and, the sale proceeds, after paying the costs and expenses of the suit and sale therefrom and the commuted value of any estate as may be commutable and so requested to be by the owner or owners thereof, as in other suits in partition, shall be invested and administered by the circuit clerk as directed by the court, in the court's discretion, as a trust fund for the parties in interest and persons who may become such and the income to accumulate or be distributed according to the respective estates of the parties interested or who may become interested therein.
Notes of Decisions
Rose v. Carlson (In Re Rose), 113 B.R. 534 (W.D. Mo. 1990).
· cites it 2× “§ 528.010 provides: Whenever under or through any deed, conveyance or will, heretofore or hereafter made, an estate for life, or a conditional or contingent or other estate of uncertain vesting or duration is created, or provided for in lands with remainder over or reversion,…”
United States v. 818.76 Acres of Land, 310 F. Supp. 210 (W.D. Mo. 1969).
· cites it 5× “” 1 Accordingly, the cases cited by the guardian ad litem have held that life estates may not be commuted to cash under the statute on the theory that: “[t]he result under the statute if so construed would be to practically abolish the incidents that have always attached to life…”
Williams v. Williams, 990 S.W.2d 665 (Mo. Ct. App. 1999).
· cites it 3× “Section 528.010 RSMo (1994). The trial court, sitting in equity, deemed it just and proper and equitable to award Ellen her attorney’s fees.”
In Re the Marriage of Breen, 560 S.W.2d 358 (Mo. Ct. App. 1977).
“The plaintiff nonresident brought a shareholder’s suit against a Delaware corporation and a number of directors and officers of the defendant corporation, nonresidents of Delaware, which alleged the defendants were responsible for corporate losses from activities in Oregon.”
Summers v. Summers, 597 S.W.2d 692 (Mo. Ct. App. 1980).
· cites it 2× “If it were the former, the appropriate partition statute would be § 528.010, RSMo 1978. If it were the latter, § 528.”
Smith v. Smith, 600 S.W.2d 666 (Mo. Ct. App. 1980).
· cites it 10× “” Taking advantage of the provisions of § 528.010, RSMo 1978, plaintiff Robert Lee Smith in 1979 filed a partition suit in which he alleged that the life estate was burdensome and unprofitable, and requested a sale of the fee and distribution of the proceeds.”
Smith v. Hackleman, 467 S.W.2d 61 (Mo. Ct. App. 1971).
“; § 528.010 et seq., RSMo 1959, V.A.M.S. Partition was decreed, the property was sold on November 11, 1968, and final judgment was entered December 6, 1968.”
Keim v. Mattes, 507 S.W.2d 397 (Mo. 1974).
· cites it 3× “Defendants contend second that the court erred in granting a decree of partition in favor of plaintiff because plaintiff as a life tenant under the deed did not plead or prove facts as required by Section 528.010, RSMo 1969, V.A.M.S., which requires a life tenant in an equitable…”
Stephens v. Gillette, 464 S.W.2d 507 (Mo. Ct. App. 1971).
· cites it 2× “This is a suit for partition by plaintiff life tenant against defendant contingent re-maindermen under § 528.010, V.A.M.S., which permits partition by a life tenant when the life estate is “burdensome and unprofitable.”
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