Specific execution of contract of decedent — petition.

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Effective - 01 Jan 1981

473.303. Specific execution of contract of decedent — petition. — 1. If a decedent entered into a contract, specifically enforceable in equity, and did not execute the same in his lifetime, nor give power by will to execute the same, the other party, wishing specific execution of the contract, or the personal representative of the decedent, may present a verified petition to the court, setting forth the facts and stating that no part of the contract has been satisfied except as set forth, and praying that an order be made that the personal representative execute such contract specifically, by executing a deed for the same.

2. If the other party to the contract with the decedent is his personal representative, the personal representative may proceed against his copersonal representative, if any, in the same manner as prescribed by this law in other cases; but if there is no copersonal representative and he files the petition, the court shall appoint some suitable person as administrator ad litem who has the same powers and shall perform the same duties required of personal representative in such cases by this law.

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(RSMo 1939 §§ 168, 169, 176, A.L. 1955 p. 385 § 118, A.L. 1980 S.B. 637)

Prior revisions: 1929 §§ 169, 170, 177; 1919 §§ 168, 169, 176; 1909 §§ 177, 178, 185

Effective 1-01-81


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