2148 TESTAMENTARY LAW. [ART. 93

As to the express and implied revocation of a will by a subsequent will; a
revival of the first will by the cancellation of the second will, and the effect
of the second will being inoperative, see Colviii v. Warford, 20 Md. 358.

For a case involving the revocation of a will when made both before and
after a deed conveying land in trust for such uses as the will declares, see
Baltimore v. Williams, 6 Md. 235.

This section construed in connection with section 323—see notes thereto.
Remington v. Metropolitan Bank, 76 Md. 548; Western Maryland College v.
McKinstry. 75 Md. 190; Hooper v. Creager, 84 Md. 252 (dissenting opinion).

1904, art. 93, sec. 319. 1892, ch. 169, sec. 311 A. 1894, ch. 143.

325. Sections 323 and 324 of this article shall not apply to any
will or bequest executed prior to the first day of August, 1884, but as
to any such will or bequest, the law as it existed prior to the said date
shall apply and govern the same.

This section construed in connection with section 323—see notes thereto.
Remington v. Metropolitan Bank, 76 Md. 548; Western Maryland College v.
McKinstry, 75 Md. 190; Hooper v. Creager, 84 Md. 252 (dissenting opinion).

Ibid. sec. 320. 1888, art. 93, sec. 313. 1860, art. 93, sec. 304.
1810, ch. 34, sec. 4. 1832, ch. 295. 1910, ch. 37 (p. 323).

326. No devise, legacy or bequest shall lapse or fail of taking effect
by reason of the death of any devisee or legatee (actually and specially
named as devisee or legatee, or who is or shall be mentioned, described
or in any manner referred to, or designated or identified as devisee or
legatee in any will, testament or codicil) in the lifetime of the testator,
except as hereinafter provided, but every such devise, legacy or bequest
shall have the same effect and operation in law to transfer the right,
estate and interest in the property mentioned in such devise or bequest
as if such devisee or legatee had survived the testator; provided, how-
ever, that this section shall not apply to the last will, testament or
codicil of any person dying after March 31, 1910, where the maker of
said last will, testament or codicil, after the execution thereof and
before the death of such devisee or legatee, shall become insane or other-
wise incompetent to cancel, revoke, annul, obliterate or alter said last
will, testament or codicil.

Application of this section.

This section has no application to a devise to one who is dead at the time
the will is made. The terms "lapse" and "fail of taking effect", defined.
Biliingsley v. Tongue, 9 Md. 581.

This section has no application where the legatee or devisee is given a life
estate only. Mercer v. Hopking, 88 Md. 314.

History of this section. Purpose of the act of 1832, ch. 295. This section
has no application to a devise to the surviving children of A. Young v.
Robinson, 11 G. & J. 341. And see Craycroft v. Craycroft, 6 H. & J. 54;
Helms v. Franciscus, 2 Bl. 560.

The act of 1832, ch. 295, held to have no application where the will was
made and the testator died before its passage. Wootten v. Burch, 2 Md. Ch.
197.

This section applied—see notes to section 128. Halsey v. The Convention,
75 Md. 283; Lindsay v. Wilson, 103 Md. 275.

Generally.

A bequest saved by this section from lapsing, goes direct to the deceased
legatee's representatives without vesting in his executor or administrator, and