442.490. Remainder limited to heirs of a person having a life estate--how disposed of.
Remainder limited to heirs of a person having a life estate--howdisposed of.
442.490. Where a remainder shall be limited to the heirs, orheirs of the body, of a person to whom a life estate in the samepremises shall be given, the persons who, on the termination ofthe life estate, shall be the heir or heirs of the body of suchtenant for life shall be entitled to take as purchasers in feesimple, by virtue of the remainder so limited in them.
(RSMo 1939 § 3500)Prior revisions: 1929 § 3110; 1919 § 2269; 1909 § 2874
CROSS REFERENCE:
Devise for life and to children in fee after his death creates life estate and remainder in fee simple, RSMo 474.470
(1957) Conveyance to wife and heirs of her body by warranty deed which contained statement that grantor conveys to grantees "all his right, title and interest in the above land, to be effective at his death, reserving herein a life estate in said land, intending at the death of his wife, Myrtle Weaver, for the land to descend to the heirs of her body", held valid conveyance and not testamentary disposition. Cook v. Daniels (Mo.), 306 S.W.2d 573.