Missouri Laws 473.640 – Partition of personal property in kind
Terms Used In Missouri Laws 473.640
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes real and personal property. See Missouri Laws 1.020
If personal property which is to be distributed may be divided in kind, the court may order a partition thereof among the parties entitled; and for that purpose the court may appoint not more than three commissioners, disinterested and of no kin to the parties, who, after making affidavit that they will honestly and impartially discharge the trust reposed in them, shall make partition as equal in kind as the value and numbers of the articles of property will admit and report their proceedings to the court at a time fixed by the court. The court shall consider all objections to the report and may approve or modify the report and order partition accordingly or it may reject the report and proceed to make partition or appoint new commissioners as often as necessary to accomplish an equitable partition which will meet the approval of the court.