Mo. Rev. Stat. » Chapter 528
Missouri Revised Statutes

Mo. Rev. Stat. § 528.020 (2026)

Parties to suit

✓ current as of May 2026
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  528.020.  Parties to suit. — 1.  All persons in being who are vested, and all persons in being who might or would have become vested, with an estate in said lands in case the event, condition, contingency or lapse of time upon which the same may be limited to vest in such person had happened or occurred at or immediately prior to the commencement of such suit, shall be made parties plaintiff or defendant therein; and no such person not party thereof shall be bound thereby; but the rule of representation of persons not in being by the person or persons of the same class in estate or related in estate in respect to the lands shall apply and all persons not in being shall be bound in such cases by such rule and as to and against all such persons both those in being and those not in being such sale shall carry full title to said lands.

  2.  In any case provided in this chapter to be brought if the petition shall allege or it shall appear to the court at any time pending the suit that an interest or estate in the land constituting the subject matter of the suit might vest in a person or persons not in being and who may not be so representable by persons in being of the same class or related in estate, then the court shall appoint some disinterested attorney, member of its bar, to represent and protect as a friend of the court the interests of such possible persons, and all such shall be bound by the result of the suit.

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(RSMo 1939 § 1711)

Prior revision: 1929 § 1547

Notes of Decisions
Cited in 2 cases, 1985–2016 · leading case: Trenholm v. Trenholm, 701 S.W.2d 209 (Mo. Ct. App. 1985).
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Trenholm v. Trenholm, 701 S.W.2d 209 (Mo. Ct. App. 1985). · cites it 6× “This is a civil action in partition filed pursuant to § 528.020, RSMo 1978. The trial court entered a judgment of dismissal.”
Barton J. Cohen, As Tr. of The Barton J. Cohen Trust Dated December 12, 1990, & As Tr. of The Cass Fam. 2004 Irrevocable Trust Dated December 23, 2004, Gen. Partners of Desert Assocs., A Texas Gen. P'ship v. Normand Prop. Assocs., L.P. & Richard L. Brown, 498 S.W.3d 473 (Mo. Ct. App. 2016). · cites it 2× “1985) (citing section 528.020). “An estate is ‘the interest which anyone has in lands or in any other subject-of property,’ and ‘according to common law, estates are classified, with regard to duration or quantity of interest,’ ” Id.”
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