Probate : Disputed Conveyance – Beneficiary Deed – Warranty Deed

Where landowner husband and wife executed a beneficiary deed to convey property to respondent upon the death of the surviving grantor and a year later they executed and recorded a warranty deed conveying the same property individually to the landowner wife, in a dispute over whether the wife or the respondent was the rightful owner, judgment for the respondent is reversed because the trial court erred in concluding that the warranty deed did not revoke the earlier beneficiary deed.

Judgment is reversed and remanded.

Jennings v. Atkinson (MLW No. 67243/Case No. WD77496 – 9 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Appealed from circuit court, Johnson County, Crouch II, J. (John Edmiston, Warrensburg, for appellant) (Charles Fitzgerald, Warrensburg, for respondent).

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