Title 473 · MO 473

Untitled section

Citation: Mo. Rev. Stat. § 473.623

Section: 473.623

473.623 , devises of the same class shall abate proportionately. âÂ 3.Â Â If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of appropriation and application prescribed by subsection 1 hereof, the property of the testator shall be apportioned in the manner found necessary to give effect to the intention of the testator. ÂÂ-------- (L. 1955 p. 385 Â§ 218) (1984) In determining how the surviving spouse's election to take against the will affects the distribution of the rest of the estate when the testator has not specified what is to happen, the court held that the legislature did not intend for the abatement statute to apply to an election to take against the will. Wilkinson v. Brune (Mo. App. E.D.), 682 S.W.2d 107.

---- end of effectiveâ 28 Aug 1955 ---- use this link to bookmark section â473.620

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