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

Mo. Rev. Stat. § 528.130 (2026)

Partition not to be made contrary to will

✓ current as of May 2026
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  528.130.  Partition not to be made contrary to will. — No partition or sale of lands, tenements or hereditaments, devised by any last will, shall be made under the provisions of this chapter, contrary to the intention of the testator, expressed in any such will.

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(RSMo 1939 § 1721)

Prior revisions: 1929 § 1557; 1919 § 2005; 1909 § 2569

Notes of Decisions
Cited in 5 cases, 1958–1979 · leading case: Johnson v. Woodard, 356 S.W.2d 526 (Mo. Ct. App. 1962).
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Johnson v. Woodard, 356 S.W.2d 526 (Mo. Ct. App. 1962). · cites it 10× “” The plaintiff makes two points in support •of her contention that the trial court erred in sustaining defendants’ motion to dismiss •plaintiff’s amended petition: (1) that her petition was sufficient to state a cause of •action for partition, and (2) that it was error to…”
Dickson v. Dickson, 591 S.W.2d 267 (Mo. Ct. App. 1979). · cites it 4× “The sole issue which requires decision is whether partition is barred, pursuant to § 528.130 RSMo 1978, under the will by which plaintiffs and defendants acquired title.”
Uphaus v. Uphaus, 315 S.W.2d 801 (Mo. 1958). “It is true that even though vested remaindermen are cotenants of real estate and therefore may ordinarily partition subject to a life estate, still partition may not be had contrary to the intention of a testator expressed in his will.”
Scott v. Dougan, 527 S.W.2d 680 (Mo. Ct. App. 1975). “An unquestionable limitation imposed upon that right appears in § 528.130, which provides: “No partition or sale of lands, tenements or hereditaments, devised by any last will, shall be made under the provisions of this chapter, contrary to the intention of the testator,…”
Johnson v. Woodard, 352 S.W.2d 9 (Mo. 1961). · cites it 3× “Defendants filed a motion to dismiss the amended petition, one ground of which was that “Plaintiff seeks in her petition to partition land which was left equally to her and to defendants Mary Woodard and Regina Goff ‘and to the survivor of them’; the relief sought is…”
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