Section 18.23 Presumption in Favor of Vesting of Estates

• Library: Estate Administration 2014 Supp

E. (§18.23) Presumption in Favor of Vesting of Estates

In construing a will, courts will favor a construction that results in the vesting of an interest in the estate. In Buckley v. Buckley, 680 S.W.2d 753, 754 (Mo. App. W.D. 1984), a testatrix devised her farm to her husband for life with the remainder to her two sons for their joint lifetimes until the death of the survivor of them and, on the death of the survivor of her two sons, to the children of her two sons, share and share alike. The two sons predeceased the testatrix’s husband. One of the two sons was survived by two of his own children, and one of...