528.010. Equity suit--who may bring.
Equity suit--who may bring.
528.010. Whenever under or through any deed, conveyance or will,heretofore or hereafter made, an estate for life, or a conditional orcontingent or other estate of uncertain vesting or duration is created, orprovided for in lands with remainder over or reversion, whether absolute,contingent or conditional, or an estate in lands is created, or providedfor, to commence or to vest in the future, either absolute, contingent orconditional, any person or persons holding the estate or an interest in theestate, carrying the right of immediate use and enjoyment of such lands,may sue in equity for sale of such lands or any of the same upon the groundthat the life or other estate of immediate enjoyment is burdensome andunprofitable or that the cost of paying the taxes and assessments thereonand holding, maintaining, caring for and preserving the lands from waste,or injury, and deterioration, exceeds the reasonable value of the rents andprofits thereof, and that a greater income can probably be had fromproceeds of a sale thereof invested in bonds of the United States or ofMissouri or some municipality or school district thereof or first lienmortgage loans upon lands situate in this state; and if upon trial of suchcase the court finds the allegations of the petition in such suit to betrue it shall order, adjudge and decree that sale of such lands inpartition shall be made in the same manner as other sales of lands notsusceptible of division in kind, are or may be by law provided to be made;and, the sale proceeds, after paying the costs and expenses of the suit andsale therefrom and the commuted value of any estate as may be commutableand so requested to be by the owner or owners thereof, as in other suits inpartition, shall be invested and administered by the circuit clerk asdirected by the court, in the court's discretion, as a trust fund for theparties in interest and persons who may become such and the income toaccumulate or be distributed according to the respective estates of theparties interested or who may become interested therein.
(RSMo 1939 § 1710, A.L. 1997 S.B. 387)Prior revision: 1929 § 1546
Effective 7-7-97