442.460. The term "heirs" not necessary to convey a fee simple estate. - Missouri Statutes

The term "heirs" not necessary to convey a fee simple estate.

442.460. The term "heirs", or other words of inheritance,shall not be necessary to create or convey an estate in feesimple, and every conveyance of real estate shall pass all theestate of the grantor therein, unless the intent to pass a lessestate shall expressly appear, or be necessarily implied in theterms of the grant.

(RSMo 1939 § 3496)

Prior revisions: 1929 § 3106; 1919 § 2265; 1909 § 2870

CROSS REFERENCE:

Devise omitting words "heirs and assigns" creates fee simple, RSMo 474.480

(1959) Provision of contract conveying realty, granting to purchaser soil from the seller's adjoining tract for a fill on the land conveyed held to be a covenant running with the land even though such provision omitted the words "his heirs and assigns". Kerrick v. Schoenberg (Mo.), 328 S.W.2d 595.

(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.