473.100. Effect of acquittances by distributees of small estate.

Effect of acquittances by distributees of small estate.

473.100. The person making payment, delivery, transfer orissuance of personal property or evidence thereof pursuant to theaffidavit prescribed in section 473.097 is discharged andreleased to the same extent as if made to an executor oradministrator of the decedent, and he is not required to see tothe application thereof or to inquire into the truth of anystatement in the affidavit if made by any other person. If anyperson to whom the affidavit is delivered refuses to pay,deliver, transfer, or issue any personal property or evidencethereof, it may be recovered or its payment, delivery, transfer,or issuance compelled in an action brought for that purpose by oron behalf of the persons entitled thereto under section 473.097,upon proof of the defeasible right declared by such section. Anyperson to whom payment, delivery, transfer or issuance is made isanswerable and accountable therefor to any administrator orexecutor of the estate or to the surviving spouse or minorchildren of the decedent who proceed under section 473.090 or473.093 or to any other person having a superior right.

(L. 1955 p. 385 § 55)