Section 1.4 Powers Made Effective by Legislature

• Library: Estate Administration 2014 Supp

D. (§1.4) Powers Made Effective by Legislature

The provisions of the Constitution conferring jurisdiction on probate courts are not self-enforcing. The act of the General Assembly establishing probate courts, as commanded by the Constitution of 1875, provided that their jurisdiction should be the same as that provided for by the Constitution. In the exercise of their jurisdiction, probate courts were to be governed by statute in relation to administration and by such laws as might be enacted defining and limiting practice in these courts. Laws Mo. 1877, 229–232, § 14. This conformed with prior legislative practice, under which rules of practice and procedure for probate courts, in the exercise of the powers conferred on them by the Constitution, were prescribed by the legislature. Linn County Bank v. Clifton, 172 S.W. 388 (Mo. 1914). Between the enactment of the implementing act of 1877 and the Court Reform and Revision Act of 1978, H.B. 1634, 79^th Gen. Assembly, 2^nd Reg. Sess., the General Assembly of Missouri followed the practice of prescribing rules of practice and procedure under which probate courts exercised the powers vested in them by the Constitution. The Probate Code of 1955, Chapters 472–475, RSMo Supp. 1955 (1955 Probate Code), contained provisions far beyond those of any prior legislation, and it was enacted under this legislative practice. In re Myers’ Estate, 376 S.W.2d 219 (Mo. banc 1964).

The 1976 amendment to Missouri Constitution Article V contains specific reference to the enactment of enabling legislation. Article V, § 27.19, provides that...