Untitled section

472.070 unless a motion to modify or vacate such order has been denied by the court, but no such motion is necessary to an appeal from any order made, denied or refused by the judge. ­­-------- (RSMo 1939 § 283, A.L. 1955 p. 385 § 17, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637) Prior revisions: 1929 § 284; 1919 § 282; 1909 § 289 Effective 1-01-81 (1966) The right to appeal and whether an appellant is a party aggrieved within the meaning of §§ 472.160 and 512.020 are jurisdictional questions which may be raised at any time and by the court itself. In re Fusz' Estate (Mo.), 397 S.W.2d 595. (1967) For a party to have the right of appeal as "aggrieved" by the judgment he must have a direct pecuniary interest in the result of the litigation. In re Estate of Soengen (A.), 412 S.W.2d 533. (1969) There is no right of appeal from a probate court order vacating a void judgment. State ex rel. Travelers Indemnity Co. v. Swink (A.), 440 S.W.2d 152. (1971) A natural mother qualifies as an "interested person" in the appointment of a guardian for the child's estate, and, having a right to such appointment "if otherwise qualified" a mother would be aggrieved by a final order of the probate court which disqualified her from that office with right of appeal to circuit court. State ex rel. Pope v. Lisle (A.), 469 S.W.2d 841. (1974) Held that order for partial compensation of attorney was not a final judgment and was not appealable. In re the Estate of Ritter (A.), 510 S.W.2d 188. (1974) Held that an order to sell personal property in order to satisfy a tax lien is not an appealable order under this section.  Poletti v. Estate of Poletti (A.), 510 S.W.2d 850. (1992) Where court issued order advising that it would issue letters of administration to decedent's putative son and denied motion of decedent's family to prevent such appointment, such order is not appealable.  Family did not wait until letters were issued and then move to revoke the letter.  Statute authorizes an appeal of an order denying the revocation of letters.  Matter of Nocita, 845 S.W.2d 574 (Mo. App. E.D.).

---- end of effective  01 Jan 1981 ---- use this link to bookmark section  472.160

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